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FULL PACKET_2015-03-17
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MARCH 3, 2015 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:09 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (5:25 P.M.) VINCENT F. SARMIENTO, Mayor Pro Tern (5:28 P.M.) ANGELICA AMEZCUA P. DAVID BENAVIDES (5:27 P.M.) MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:09 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1.. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Jessie Ibarra v. City of Santa Ana, Case No. SACV14 -00131 AG (JPRx) CITY COUNCIL MINUTES 1 MARCH 3, 2015 1 0A -1 Le Quyen Vu Ngo, et al, v. City of Santa Ana, Case No. SACV 13 -01660 DOC (RNBx) 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (One Case *) *Matter placed on the Agenda for legal update at the request of Mayor Pulido, pursuant to Santa Ana Charter Section 411. 3. CONFERENCE WITH LEGAL COUNSEL — PENDING LITIGATION pursuant to Section 54956.9(d) of the Government Code: (One Case) 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part -time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: City Manager, David Cavazos Employee Organizations: Executive Management (EM) CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:54 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 1 0A -2 MARCH 3, 2015 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:06 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VINCENT F. SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES MICHELE MARTINEZ ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: None STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council ANDREW BARRON AND MARIELA ARAMBULO - SEPULVEDA ELEMENTARY SCHOOL BEAR SUMMERS, POLICE CHAPLAIN EMPLOYEE SERVICE AWARDS presented by MAYOR PULIDO to: 25 YEARS OF SERVICE Carlos E. Rojas, Police Chief EXCEPTIONAL SERVICE AWARD presented by MAYOR PULIDO to Ashleigh Aitken for her outstanding service to the Santa Ana community. PROCLAMATION presented by MAYOR PULIDO in memory of Henry T. Segerstrom. CITY COUNCIL MINUTES 3 MARCH 3, 2015 1 0A -3 CERTIFICATES OF RECOGNITION presented by COUNCILMEMBER AMEZCUA to the Youth and Government participants: Paula Alvarez, Zabdi Alvarez, Juan Antonio, Kenia De La Cruz, David Delgado, Martha Delgado, Andrea Diaz, Ivan Enriquez, David Fuentes, Ricardo Fuentes, Elisa Hernandez, Tristan Orellana, Adrian Ramirez, Mario Reyna, Michael Solorio, Zarisbeth Soto, Alfredo Torreblanca, Tsui Vasquez CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER BENAVIDES in recognition of the Santa Ana Police Chaplain Program. CLOSED SESSION REPORT — See Agenda Item 19A for Closed Session Report. PUBLIC COMMENT • Dave Hoen, concerned with overall lack of respect; noted that Little Sparrow Restaurant competing on National television for Best New Restaurant; supports re- appointment of Phil Bacerra to the Planning Commission - opined that he has promoted streamline business approval process; also noted that KNX radio station will broadcast at Westfield Mall profiling Santa Ana. • Linda Kestin, general comments on recent water rate increase, appointment of Councilmember Martinez to the Metropolitan Water Board; letter sent to Council in February and on City permits. CONSENT CALENDAR MOTION: Approve staff recommendations on the following Consent Calendar items 10A through 39A, with the following modifications: • Councilmember Martinez pulled agenda item 20A for separate action; • Councilmember Martinez noted for the record that she does not support Agenda Item 25E (Graffiti Removal Services) as approved at the February 17, 2015 Meeting (Minutes page 12); and • Mayor Pro Tern Sarmiento pulled agenda item 13C for separate action. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: CITY COUNCIL MINUTES SECOND: Amezcua Amezcua, Benavides, Sarmiento, Tinajero (7) None (0) None (0) None (0) 4 1 0A -4 Martinez, Pulido, Reyna, MARCH 3, 2015 ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF FEBRUARY 17, 2015 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Approve Minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention" before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE - CODE ENFORCEMENT REMEDIES AND ADMINISTRATIVE FINES RELATING TO CODE VIOLATIONS {STRATEGIC NO. 3, 4, AND 5) - City Attorney's Office and Planning and Building Agency Placed on first reading at the February 17, 2015 City Council meeting and approved by a vote of 6 -0 (Tinajero absent) Published in the Orange County Reporter on February 20, 2015. MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2876 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 AND CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE REGARDING CODE ENFORCEMENT PROVISIONS, INCLUDING CIVIL PENALTIES, RECOVERY OF ATTORNEYS' FEES, AND REMOVAL OF UTILITIES BOARDS / COMMISSIONS / COMMITTEES 13A. NOMINATED BY COUNCILMEMBER MARTINEZ AS THE WARD 2 REPRESENTATIVES TO THE YOUTH COMMISSION, FOR FULL TERM EXPIRING DECEMBER 11, 2018 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint. 1. Maria G. Ruiz as the Regular member (Ward 2 resident) replacing A. Chavez CITY COUNCIL MINUTES 5 MARCH 3, 2015 1 0A -5 2. Jennifer S. Barron as the Alternate member (Ward 2 resident) replacing L. Camacho 13B. NOMINATED BY MAYOR PULIDO AS THE CITYWIDE REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION, FOR FULL TERM EXPIRING DECEMBER 13, 2016 (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Gustavo Vergara (Ward 1 resident) replacing I. Ramos. OATHS OF OFFICE ADMINISTERED BY THE CLERK OF THE COUNCIL TO THE FOLLOWING YOUTH COMMISSIONERS: Gustavo Vergara, Maria G. Ruiz, Jennifer S. Barron, and Michael Solorio MOTION: Continue consideration of matter to the March 17, 2015 City Council meeting. MOTION: Sarmiento SECOND: Tinajero VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 13D. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Legislative Committee February 23, 2015 CITY COUNCIL MINUTES 6 MARCH 3, 2015 1 0A -6 13E. NOMINATED BY COUNCILMEMBER SARMIENTO AS THE WARD 1 REPRESENTATIVE (REGULAR) TO THE YOUTH COMMISSION, FOR FULL TERM EXPIRING DECEMBER 13, 2016 {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Appoint Michael Solorio (Ward 1 resident) replacing E. Castellon. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: • AGMT NO. 2015 -036 - Jessie Ibarra v. City of Santa Ana, Case No, SACV14 -00131 AG (JPRx); Settlement Agreement in the amount of $96,000 • AGMT NO. 2015 -037 - Le Quyen Vu Ngo, et al. v. City of Santa Ana, Case No. SACV 13 -01660 DOC (RNBx); Settlement authority provided. 19B. EXCUSED ABSENCES — None 19E. AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST OWNERS OF REAL PROPERTIES LOCATED IN THE CITY OF SANTA ANA (VARIOUS) (Strategic Plan No. 3, 3) — City Attorney's Office MOTION: Authorize the City Attorney to engage special legal counsel, Silver and Wright, to file receivership actions against owners of the real properties located the City of Santa Ana: 1701 S. Flower Street, 1046 W. Bishop, 2021 N. Fairview, 5321 W. First Street, 1705 W. Woodland, 2702 W. Maywood, 2222 S. Renee Drive, 315 E. Camile St., 2727 W. Edinger and 115 E. Santa Ana Boulevard. CITY COUNCIL MINUTES 7 MARCH 3, 2015 1 0A -7 BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS MOTION: 1. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -138 - recognizing $4,813,000 in Active Transportation Program grant funds into the Transportation System Management revenue account and appropriating the same to the Active Transportation Program expenditure account, and rescinding the $248,886 appropriation of Bicycle Corridor Improvement Program grant funds in the Select Street Account 2. Approve an amendment to the Fiscal Year 2014 -15 Capital Improvement Program to add seven new projects, and change the funding source for Bike Lanes- Newhope, Civic Center, and Grand project, all funded by a $4,813,000 Active Transportation Program grant award. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: MISCELLANEOUS BUDGET' SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) 29A. 2014 -2015 ANNUAL ACTION PLAN SUBSTANTIAL AMENDMENTS (STRATEGIC PLAN NO. 5) — Community Development Agency CITY COUNCIL MINUTES 8 MARCH 3, 2015 1 0A -8 MOTION: Approve a substantial amendment to the 2014 -2015 Annual Action Plan approving the reallocation of Community Development Block Grant and HOME Investment Partnership Grant funds, and authorize its submittal to the U.S. Department of Housing and Urban Development. LAND USE MATTERS CONDITIONAL USE PERMITNARIANCES 31 A. CONDITIONAL USE PERMIT NO. 2014 -55 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR LUCILLE'S SMOKEHOUSE BAR -B -QUE TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 2160 - GREGG BERWIN, APPLICANT {STRATEGIC PLAN NO. 3, 21 — Planning and Building Agency Planning Commission approved recommended action on February 9, 2015 by a vote of 7 -0 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -55. 31 B. CONDITIONAL USE PERMIT NO. 2014 -56 TO ALLOW A TYPE 47 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR WOKCANO ASIAN RESTAURANT AND LOUNGE TO BE LOCATED AT 2800 NORTH MAIN STREET, UNIT 2140, GREGG BERWIN, APPLICANT (STRATEGIC PLAN NO. 3,2) Planning Commission approved recommended action on February 9, 2015 by a vote of 7 -0 MOTION: Receive and file the staff report approving Conditional Use Permit No. 2014 -56. MISCELLANEOUS - LAND USE 39A. STREET NAMING NO. 2015 -01 TO RENAME A SEGMENT OF RAITT STREET NORTH OF MACARTHUR BOULEVARD AS JAGUAR WAY — SANTA ANA UNIFIED SCHOOL DISTRICT, APPLICANT {STRATEGIC PLAN NO. 2, 4 - Planning and Building Agency Planning Commission approved recommended action on February 9, 2015 by a vote of 7 -0. CITY COUNCIL MINUTES 9 MARCH 3, 2015 1 0A -9 MOTION: Receive and file the staff report and affirm the street name change of a street segment of Raitt Street to Jaguar Way (Street Name No. 2015 -01). * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR RESOLUTIONS 55A. APPROPRIATION ADJUSTMENT, RESOLUTION AND AGREEMENT ACCEPTING FY 2014 -15 EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) {STRATEGIC PLAN NO. 1, 2D} — Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2015 -012 - A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA AUTHORIZING THE CITY MANAGER TO OBTAIN 2014 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE 2. Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2015 -140 - recognizing $51,017 in Emergency Management Performance Grant (EMPG) funds in revenue account, and appropriating same to expenditure accounts (various). 3. AGMT NO. 2015 -038 - Authorize the City Manager and the Clerk of the Council to execute a one -year agreement with the County of Orange, commencing July 1, 2014, for the EMPG Grant in an amount not to exceed $51,017, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Sarmiento VOTE: AYES: NOES SECOND: Reyna Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) CITY COUNCIL MINUTES 10 MARCH 3, 2015 1 0A -10 ABSTAIN: None (0) ABSENT: None (0) 55B. CONFIRM APPOINTMENTS TO COUNCIL COMMITTEES AND REGIONAL BOARDS AND ADOPT A RESOLUTION FOR ORANGE COUNTY FIRE AUTHORITY REPRESENTATIVE {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office MOTION; 1. Confirm appointment of Sarmiento and Martinez to the Finance, Economic Development and Technology Council Committee. 2. Appoint Amezcua, Benavides, and Tinajero to the Public Safety, Neighborhood Improvement & Code Enforcement Council Committee. 3. Confirm appointments to the following regional boards: • Appoint Michele Martinez as City's representative to the Metropolitan Water District Board (replaces Dan Griset). • Appoint Sal Tinajero as City's representative to the OC Sanitation District (replaces D. Benavides). • Appoint Roman Reyna as City's representative to the OC Water District (replaces V. Sarmiento). • Appoint Angelica Amezcua as City's representative to the Orange County Fire Authority (replaces R. Reyna). • Appoint David Benavides as the City's representative to the Transportation Corridor Agencies (TCA) 4. Appoint the following alternate members: • Appoint Sal Tinajero as the City's alternate representative on the Orange County Fire Authority (OCFA) • Appoint David Benavides as the City's alternate representative on the Orange County Sanitation District 5. Adopt resolution. RESOLUTION NO. 2015 -013 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, REPEALING RESOLUTION NO. 2014 -007 AND DESIGNATING AND APPOINTING A NEW REPRESENTATIVE AND ALTERNATE TO THE ORANGE COUNTY FIRE AUTHORITY'S BOARD OF DIRECTORS CITY COUNCIL MINUTES 11 MARCH 3, 2015 1 0A -11 MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: WORK STUDY SESSION SECOND: Sarmiento Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinajero (7) None (0) None (0) None (0) WS -A. STRATEGIC PLAN UPDATE {STRATEGIC PLAN NO. 5, 1) — City Manager's Office Presentation by City Manager Cavazos Planning Process October 2012 Adoption of the Sunshine Ordinance April 2013 Strategic Plan Planning Process began March 2014 Adoption of the Five -year Strategic Plan May 2014 Allocation of an additional $3 million July 1, 2014 Implementation of the Strategic Plan Framework Mission Statement: To deliver efficient public services in partnership with our community which ensure public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Goals (7) Objectives (33) Strategies (147) Strategic Plan Goals 1) Community Safety 2) Youth, Education, Recreation 3) Economic Development 4) City Financial Stability 5) Community Health, Livability, Engagement & Sustainability 6) Community Facilities & Infrastructure 7) Team Santa Ana Accountability & Monitoring Progress Strategic Plan Alignment: • City Council Agendas • Council Committee Agendas CITY COUNCIL MINUTES 12 MARCH 3, 2015 1 0A -12 • Monthly progress reports: • City Council Meetings • Strategic Plan Website • Provide Strategic Plan updates during Community Budget meetings • Funding reviewed during the budget process January 2015 Summary Goal #2 Youth, Education, Recreation Goal #1 Community Safety i 3z 1C. 13 9 10 i 5 'o . 0 0 F of7 Goal#4 City Financial Stability _ - - -..- 5 3 i 4 0 3 3 024st as t91 5074'1 71 100h z Goal #3 Economic Development 12 Goal #6 Community Facilities & 10 6 10 y 5 4 4 $ 3 y6 $ 4 i 2 & s s t 3 a 0 2 25 -79X. 5424ti .1, -1W, 1 0 0 _ - 24% Necessary steps to accomplish the 0-249 2549% 5 74% 75 -100% •25 Goal #5 Community Health, Livability, Engagement & Sustainability 50 - 74% Strategy is currently being 13 implemented. S° i0 75 - 100 % Sgnifirant progress has been made M B 5 6 7 0 024% 2549% 50 -24% 75-30014 Goal #7 Team Santa Ana 6 8 6 � 6 z 21 '1-c Goal #2 Youth, Education, Recreation 15 i 3z 1C. ii i 5 3 . 0 0 0 P244 2549% 50 -74% 25 -1W% Goal#4 City Financial Stability _ - - -..- 5 5 4 Y n 3 3 2 z 024% xs -0996 5077% xS100% Goal #6 Community Facilities & Infrastructure 6 5 y 5 4 4 $ 3 i 2 z t 0 11111{ 0 25 -79X. 5424ti .1, -1W, percentage Completed Color Key: O0 - 24% Necessary steps to accomplish the strategy are . sally development. •25 - 49% Work efforts are underway to begin Implementation of Me strategy. 50 - 74% Strategy is currently being implemented. ® 75 - 100 % Sgnifirant progress has been made towards 0e completbn of the strategy or strategy has been fully implemented. Progress — 22 Strategies Accomplished Accomplishments During FY 2014 -15 1. Ensure fiscal accountability in the Police Department (1,3a) 2. Developed a Fire /EMS Marketing & Branding program (1,6a) 3. Developed a Fire Explorer Program (1,6d) 4. Established an Economic Development Task Force (3,1b) CITY COUNCIL MINUTES 13 MARCH 3, 2015 1 0A -13 • Adoption of Economic Development Plan, addition of plan checkers and inspectors 5. Conducted an assessment of the City's debt service (4,2d) 6. Modernized the UUT ordinance (4,3a) • 75% voter approval rating to reduce tax and modernize the ordinance 7. Achieved 20% General Fund reserve level (4,3c) • $41.8 Million in reserves and ahead of schedule 8. Established a citywide grant coordinated effort (4,3e) • Secured over $11.6 Million in grant funds 9. Increased community outreach through marketing and social media (5,1d) 10. Developed a Community Volunteer & Internship program (5,1f) • Hired 13 Strategic Plan interns in various departments 11. Completed draft Climate Action Plan (5,2b) 12. Ensure compliance with City's Housing Opportunity Ordinance (5,3b) 13. Ensure Santa Ana residents priority in affordable housing projects (5,3c) 14. Included walking and biking lanes into the Circulation Element (5,6b) 15. Developed an active transportation pilot event (5,6g) 16. Completed Water /Sewer rate study (6,1 h) Will provide for $97 Million in infrastructure and capital improvements 17. Utilized Council Chambers display case to showcase departments to the community (7,2a) 18. Promoted fairness and trust to ensure organizational behavior is consistent with City values (7,3b) 19. Ensured adequate compensation levels to attract and retain skilled employees (7,4a) 20. Developed a policy that allows for total compensation of staff in accordance with the City's Financial condition (7,4b) 21.Actively recruit a diverse and talented pool of candidates (7,4c) • Hired 77 fulltime positions in 2014 22. Promoted the use of new technology to improve service delivery (7,5a) • Wi -Fi and Mobile Technology Tools Making More Progress - 2014 -15 Highlights Community Safety: • Developing a community policing and police services community survey • Increasing community outreach efforts regarding traffic, pedestrian, and bicycle safety • Partnering with other agencies to develop a restorative justice program • OCFA and PD organizing a Community Preparedness day • Partnering with SA Community College in identifying educational courses for the City's re -entry program Youth, Education and Recreation: • Successfully completed the 2014 Catalina Summer Camp CITY COUNCIL MINUTES 14 MARCH 3, 2015 1 OA -14 • After school programs operating at 5 of the 8 sites identified in the plan • Youth civic engagement and wellness interns have been hired • Expansion of year round youth sports is underway with 1,265 youth having been served thus far • Youth Sports Scholarship program initiated in January 2015 • Expanding services and recreation programs for seniors Economic Development • Over $155 Million in assessed valuation of permits issued • Developing a comprehensive Economic Development Strategic Plan • Establishing a Co -op business retention team with the Santa Ana Chamber of Commerce • Initiating the "Buy Local Buy Santa Ana" campaign • Partnering with Downtown stakeholders to provide a safe and inviting public environment • Increasing entertainment venues and outdoor dining experience in the Downtown City Financial Stability • $41.8 Million in Surplus • Refinance existing debt to save millions in debt service • Increasing accessibility of financial information on the City's website • Conducting Community budget meetings • Adopting a budget that is in alignment with the forecast and strategic plan • Providing Quarterly updates on City's fiscal position • Expanding the budget and reserve policy to all funds Community Health, Livability, Engagement & Sustainability • Engaging a firm to develop a Community Engagement Plan • Establishing a Sister Cities program • Partnering with SAUSD, non - profits and stakeholders to increase public awareness of City programs and events • Developing a green building policy and program • Increasing City Code Enforcement efforts (hiring 2 Code Enforcement Officers in April) • Partnering with artists and merchants to promote arts & culture Community Facilities & Infrastructure • Developing a comprehensive inventory of all assets and scope of improvements • Leveraging GIS to monitor City capital investments • Developing a citywide deferred maintenance plan and identify funding sources • Completing a comprehensive citywide IT assessment and implementation roadmap Team Santa Ana • Developing a customer service training program • Conducting a community satisfaction survey • Investing in software resources to help streamline the flow of information • Continuing our commitment to transparency CITY COUNCIL MINUTES 15 MARCH 3, 2015 1 0A -15 • Continuing to promote innovation and efficiency • Reactivating employee training opportunities • Mentoring employees through employee rotational and internship programs Improving Our Reporting Efforts • Provide progress reports during Council Committee meetings (April 2015) • Enhance Accountability (June 2015): • Performance measures & success indicators at the goal level • Identify completion dates • Develop timelines COUNCIL RECESSED AT 7:15 P.M. AND RECONVENED AT 7:21 P.M. WITH SAME MEMBERS PRESENT CITY COUNCIL RECESSED AT 7:21 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED AT 7:22 P.M. WITH SAME MEMBERS PRESENT. COMMENTS PUBLIC COMMENTS Andres Canepa, request answers from the Police Department on recent shooting. • Humberto Guizar, Guizar, Henderson and Carrazco LLP, representing family of victim, requested names of the officers involved in shooting. • Angel Carrazco, attorney, spoke on behalf of the family, request independent investigation of recent shooting. • Chris R. Mount, proposed alternatives to homeless shelter, allow homeless to earn housing, etc. goal is allow for productive members of our community. • Genevieve Huizar, spoke of need for accountability in the police gang unit. • Peter Katz, reported that KNX radio station will be broadcasting their show live at Westfield Mall; showcasing Santa Ana. Caroline Torres, member of Chicanos Unidos, supports family of victim; spoke against metal detectors in the Council Chamber. Michael Klubnikin, spoke of general corruption in County of Orange; request answers from the Police Department. Gaby Hernandez, member of Chicanos Unidos, spoke in support of victim's family, need for accountability and independent review. • Naui Huitzilopochtli, thanked the family of victim for attending meeting; need for justice and community programs. I. Rodas, condolences to the family of Ernesto Canepa. CITY COUNCIL MINUTES 16 MARCH 3, 2015 1 0A -16 90A. CITY MANAGER'S COMMENTS - None 90B. CITY COUNCILMEMBER COMMENTS Councilmember Martinez: • Oral Reports on Council Committees: • Finance and Economic Development Committee will meet next Monday - noted that progress has been made on Five -Year Strategic Plan, have requested matrix with performance measures for one -time and on -going expenses; concerned that public safety, parks, education and building healthy community program funds not expended; also, economic development programs in Downtown & South Main have not been completed; • Transportation and Development committee met; noted that policy recommendation will be approved by the full City Council; • Condolences to the family (of Ernesto Cadenas); urged all to be respectful of law enforcement; and • Commented on recent pedestrian hit and run accidents and fatalities; City has responsibility to provide safe streets. Councilmember Tinajero: • Condolences to the family and all victims of violence; • Need to respect independent investigations process and continue to support our Police Department; and • Congratulated wrestlers from Santa Ana High School that advanced to Masters. Mayor Pro Tern Sarmiento: • Heartfelt condolences to the victim's family and the Segestrom family; • Commented on pedestrian accident over the weekend — important to assist in search for the hit and run driver; and • Thanked public and all speakers at tonight's meeting. Councilmember Amezcua: • Commented that City Council and Police staff are accountable and will follow fair process; • Thanked Heroes Elementary School Principal Diana Torres for Read Across America invitation; and • Noted that Santa Ana Unified School District partnering with City on Public Service Announcement regarding Safe Streets Program. Councilmember Reyna: • Concurred with Councilmember Martinez on Strategic Plan — City has earmarked funding for public safety and civic engagement; and • Expressed condolences to the family of the victim. CITY COUNCIL MINUTES 17 MARCH 3, 2015 1 0A -17 Councilmember Benavides: • Recognized family of victim; noted that independent investigation taking place; commended hard work and dedication of police officers that risk their lives to protect the residents of our community; and • Recognized the many contributions of the Segestrom family; and • Noted recent passing of Allan Fainbarg, who contributed to the development of the City and Downtown Santa Ana. Mayor Pulido: • Adjourned in Memory of Henry T. Segestrom and Allan Fainbarg; and • Conveyed support for our Police Department and efforts by staff to make our City safe and continue to advance. ADJOURNED 8:07 P.M. - The next meeting of the City Council is scheduled for Tuesday, March 17, 2015 at 5:00 p.m, for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. ADJOURN IN MEMORY OF HENRY T. SEGERSTROM, AND FRANCISCO ADAME Maria Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Proactive Rental Enforcement Program Renewal • 2015 -2016 Budget Adoption Mater Dei High School Parking Structure and School Expansion Project Community Development Block Grants (CDBG) Park Ranger Ambassador Program Update CITY COUNCIL MINUTES 18 MARCH 3, 2015 1 0A -18 CITY OF SANTA ANA COUNCIL COMMITTEE SPECIAL MEETING AGENDA DEVELOPMENT AND TRANSPORTATION COMMITTEE THURSDAY, FEBRUARY 26, 2015 5:00 P.M. CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vincent Sarmiento, Chairperson Michele Martinez, Vice Chairperson David Benavides Recording Secretary: Rosa Barela PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes A. September 30, 2014 Special Meeting B. November 6, 2014 Meeting 2. Update on YMCA Exclusive Negotiating Agreement — Scott Kutner {Strategic Plan No. 3, 5A} 3. Elks Lodge Update —Exploration of Joint Development Options for a Portion of the Santa Ana Zoo and the Property Owned by the Elks located on the West Side of Elks Lane - Vince Fregoso {Strategic Plan No. 3, 5A) 4. Future Roles and Responsibilities of Environmental and Transportation Advisory Committee (ETAC) — William Galvez (Strategic Plan No. 5, 4) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next meeting is scheduled for Thursday, April 2, 2015 at 5:00 p.m. The complete Strategic Plan document is available at http: / /Www.santa- ano.org strategic- planning/ If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Miguel A. Pulido, i Vincent F. Sarmienlo, i Michele Martinez, i Angellca Amezcua, I P. David Benavides, I Roman Rayne, Sal Tinajero, Mayor Mayor Pro Tom, Ward 1 Ward 2 i Ward 3 j Ward 4 j Ward 5 j Ward 6 Wufli am ora vsarmmmoresanm- nw.oro mmomnexras.,nc,- on.,.ora 1 anmo :werasan�- ana.om 000„amaosno samo ana.orn i axom,n „o,� i sti City Hall, 20 Civic Center Plaza • P.O. Box 1988 e Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Agenda Item Inquiries: 714- 647.6520 • Website: wvew.santa- ana.org 13A -1 13A -2 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Special Meeting Minutes September 30, 2014 CALL TO ORDER The meeting was called to order at 5:39 p.m. in Room 1600 of the City Hall Ross Annex ATTENDANCE The following Committee Members were present: Vincent Sarmiento, Michele Martinez, David Benavides Staff present were: David Cavazos, City Manager; Karen Haluza, Interim Executive Director /Planning & Building Agency; Fred Mousavipour, Executive Director /Public Works Agency; William Galvez, City Engineer; Ryan Hodge, Assistant City Attorney; Melanie McCann, Associate Planner; Alma Flores, Senior Management Assistant; and Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS Robin Cook spoke on the homeless situation and noted vacant building 16 Civic Center Plaza could possibly be used for the homeless, and noted it would be a benefit to them to provide restrooms, showers and storage for personal belongings. Peter Katz commented he attended the meetings regarding the proposed shelter, noted research needs to be done on the Armory on the type of problems and incidents as it is next to a school, residential and commercial and get a report from the Police Department adding you can eliminate fears if you sell the site to the public, added this facility will only put a dent in the homeless population and not solve the Civic Center problem. AGENDA ITEMS 1. DISCUSSION ON HOMELESS FACILITY {Strategic Plan Nos. 1, 1G; 5,3D} Chairman Sarmiento noted he requested the special meeting in order to get background information on Senate Bill 2, discussed the proposed purchase of the site by the County of Orange for a homeless shelter on Normandy Place adding the opposition from the public, noted written correspondence was sent to the Board of Directors advising them there was concern by the public on the site being selected, and noted he requested item be brought to Committee with options. A. OVERVIEW OF SENATE BILL 2 (SB2) Karen Haluza provided background information on Senate Bill 2 (SB2) which became effective January 2008 which sought to remove barriers for establishment of emergency shelters by requiring cities to identify at least one zone where emergency 13A -3 shelters are allowed by right and must be reflected and implemented in the Housing Element noting the city has fulfilled and completed the requirement, noted it is reflected in the city's Strategic Plan where there are specific goals and strategies relating to establishing emergency shelter and collaborating with other government agencies and community groups to provide resources for the homeless population. Ms. Haluza then provided a timeline on the process to adopt SB2 including multiple meetings including industrial property owners, wide range of groups and government agencies were involved in the stakeholder /working meetings including the Santa Ana Unified School District, adding there was an enormous amount of input, research, study, tours of other shelters which resulted in the ordinance adopted by the Council. Chairman Sarmiento inquired during these discussions if the specific site of Normandy Place was disclosed. Ms. Haluza noted no specific sites were identified at that time. Ms. Haluza discussed the methodology to identify a zone, zones that could satisfy the SB2 requirement, reviewed the separation buffering criteria noting there is a total of 995 acres identified, reviewed the operational standards, noted one of the most important parts of the ordinance is the requirement of a Management and Operational Plan which is an opportunity for the public to be involved in establishing the parameters under which the shelter would operate and used as a tool to address some of their concerns. B. POTENTIAL AMENDMENTS TO CITY'S EMERGENCY SHELTER ORDINANCE Ms. Haluza discussed four options to amend the Emergency Shelter Ordinance • Amend the ordinance to include additional operational standards. Requires a zoning ordinance amendment. State law places limitations on these. • Amend the ordinance to reduce the number of beds permitted by right for the multi - service center. Requires a zoning ordinance amendment. • Reduce the areas within the Industrial zones where shelters could be allowed. Requires a zone change. • Adopt a moratorium to stop the permitting of any new emergency shelters. May not apply to shelters that are approved ministerially. May not apply to shelters on County -owned property. Renders City out of compliance with the Housing Element law. Discussion ensued on the replacement of the Armory site which had approximately 200 beds, number and size of shelters allowed in the ordinance, the moratorium process, economic development affects to the industrial area and businesses, potential for County Pre - Emption of city's code, the proposed shelter in Fullerton, County outreach meeting on July 2, and notification to area property owners and tenant residents. Vice Chair Martinez noted frustration indicating when the County sought to buy the bus terminal in the Civic Center a letter was sent to the County indicating the city controls the land use and the zoning, now saying that this code applies just in Development & Transp. Council Committee Minutes September 30, 2014 general, it should have applied when the County wanted to buy the bus terminal, noted we cannot continue to move and say certain laws apply for certain areas, it is about being equitable and fair. Chairman Sarmiento noted concern on the lack of outreach by the County and attempting to find a way for the constituents to have an opportunity to be heard. Ms. Haluza noted the ordinance requires the operator to work with the community to come up with a plan to address their concerns. C. DISCUSSION ON ALTERNATIVE SITES Ms. Haluza displayed a map which indicated 19 sites considered but not selected by the County, the Normandy site and the Armory; and noted staffs recommendation to engage the community through the RFP process and the development of the operational standards to address their concerns. Motion by Chairman Sarmiento to open discussion with the whole Council and specifically discuss funding for research on additional alternative sites; and if the County is not able, to provide additional outreach to the residents; and include an agenda item with options at the October 21 Council meeting for discussion and possible action. Seconded by Vice Chair Martinez and approved unanimously by a vote of 3:0. David Cavazos noted a letter will be sent to the County of Orange requesting their attendance at the October 21 meeting. COMMITTEE MEMBER COMMENTS Vice Chair Martinez noted the importance of including the Community Engagement Strategy adding it is extremely vital with issues as this to engage and create opportunities for stakeholders to play an active role, and thanked Ms. Haluza for moving forward in that direction. Committee member Benavides noted at September 29 Public Safety & Neighborhood Improvement Council Committee meeting they discussed general strategy to address homelessness and a check -in center for personal belongings, noting they will be bringing that conversation back and asked that data on the Armory be presented. FUTURE AGENDA ITEMS - None ADJOURNED 6:58 P.M. - The next meeting is scheduled for Thursday, November 6, 2014 at 5:00 p.m. Karen Haluza Interim Executiv Director Planning & Building Agency RB rb:Counall Comm\Devel &Transp CC \09 -30 -14 Devel& Transp CC Minutes Speoial Development & Transp. Council Committee Minutes September 30, 2014 13A -6 CITY COUNCIL COMMITTEE ON DEVELOPMENT AND TRANSPORTATION Meeting Minutes November 6, 2014 CALL TO ORDER The meeting was called to order at 5:32 p.m. in Room 1600 of the City Hall Ross Annex. ATTENDANCE The following Committee Members were present: Michele Martinez, David Benavides Absent: Vincent Sarmiento Staff present were: David Cavazos, City Manager; Karen Haluza, Interim Executive Director /Planning & Building Agency; Fred Mousavipour, Executive Director /Public Works Agency; William Galvez, City Engineer; Gerald Caraig, Building Safety Manager; Tanya Lyon, Strategic Communications Manager; Robert Cortez, Special Asst. to the City Manager; Alma Flores, Senior Management Assistant; Jorge Garcia, Senior Management Assistant; Michael Ortiz, Assistant Engineer; and Rosa Barela, PBA Executive Secretary. PUBLIC COMMENTS — None AGENDA ITEMS APPROVAL OF MINUTES — September 4, 2014 Meeting Motion by Committee member Benavides and seconded by Vice Chair Martinez to approve the September 4, 2014 meeting minutes and approved unanimously by a vote of 2:0 ( Sarmiento absent). Taken out of Agenda Order 5. BUILDING PLAN CHECK STAFFING {Strategic Plan No. 3,3C) Karen Haluza discussed the proposal to increase Building Plan Check staffing, noting codes have changed and are more complex with an increase in development projects submitted and valuation of permits issued; showed a graph of staffing levels vs. workload, noted increased use of accelerated building plan check, noted current average for building plan check is 63 days and would like to return to the Gold Standard of 15 days turnaround time, tied item to the Strategic Plan Goal No. 3C (Economic Development) to encourage a more business friendly environment and improve development processing. Also spoke on the benefits of reaching the Gold Standard by adding four additional staff consisting of three Senior Plan Check Engineers and one Senior Plumbing /Mechanical Systems Specialist, with only three positions to be filled at this time. Ms. Haluza also noted the on -line permitting system will be launched soon and will be implementing a new automated queuing system which will speed up the approval process as the public walk up to the counters and improve service levels. 13A -7 Discussion ensued on plan check contractors. Motion by Vice Chair Martinez seconded by Committee Member Benavides to move item forward to Council for approval of creating four Building Safety positions and approved unanimously by a vote of 2:0 (Sarmiento absent). 6. IMAGINE SANTA ANA — COMMUNITY ENGAGEMENT PLAN {Strategic Plan Nos. 5, 1A; 5, 1H; 3, 2A; 3, 2131 Karen Haluza noted staff received seven proposals for the Community Engagement Plan from well qualified firms. The next step is to evaluate proposals and hold interviews, make recommendations and bring back to the Committee to make a determination. Proposals will be evaluated by both staff from various departments and outside community members which include Eric Alderete, Planning Commission Chair; Alfonso Clark, OC Human Relations; Ana Urzua, Building Healthy Communities and Nancy Mejia of Latino Health Access. 7. VISION ZERO PLAN {Strategic Plan Nos. 1, 1E; 1, 2D; 5, 6131 Jorge Garcia provided a broad overview of Vision Zero Plan, whose goal is to reduce pedestrian and traffic fatalities to zero with the basic premise that there needs to be a focus on safety and that all fatalities involving pedestrians, bicyclists and vehicular traffic are preventable and not accidents but situations that occur as a result of a failure to plan, enforce or design. The Vision Zero Plan has three specific components: Enforcement, Education and Design. Enforcement has to do with law enforcement and the way they enforce traffic laws related to speeding, observing pedestrians, focused enforcement on vehicles as well as implementing technology utilizing speed cameras, red light cameras, enhanced and new lidar detector, rather than older radar detection for speed. Education component is having a comprehensive education plan focused on students, pedestrians and drivers through various public service announcements. Also noted some jurisdictions looked at additional drivers license testing and retesting at certain intervals once an individual has their license. Third component is Design, which includes the field design elements, crosswalks, signs, and various components that the Public Works Agency traffic division would oversee. Discussed the history of the Vision Zero Plans which saw a significant reduction in fatalities, cities that have implemented the plan, and noted the city is doing a lot of the various elements that are incorporated within the Vision Zero Plan and is in direct alignment with the city's five year Strategic Plan, as well as current plans underway, specifically the Circulation Element and the Pedestrian and Bicycle Master Plan. Vice Chair Martinez noted the reason she brought up this item, that it has been a very important topic this year, adding the city has made attempts to reduce pedestrian fatalities and incidents as well; noted a safety campaign first began with former Public Works Executive Director Raul Godinez where they went around the Development & Transp. Council Committee Minutes November 6, 2014 city identifying the hot spots, and met with Senator Correa and Senator Sanchez on how to obtain funding. Commented that the city has the responsibility to make sure safety comes first before speed, noted the Police Department started their initiative several months ago giving tickets to pedestrians and motorists and provided education on bike safety, noted Public Works has gone out to schools promoting the Safe Routes to School program, noted the placement of speed readers with the assistance of City Engineer William Galvez. Noted when working with OCTA and receiving funding from Measures M1 & M2 to keep in mind that as they provide funding, it does not mean we have to follow suit, adding OCTA's main goal is to increase speeds on the arterials. Noted we have the ability to change the speeds in the city and need to start with that first, then the street design, when new developments occur, and that safety needs to come first. Noted when OCTA wants to widen a street, we need to pause and set policy and advise OCTA we are going to do business differently and give staff direction to reduce speeds in the city with safety a priority, adding we may not be able to accept funding. Committee member Benavides commented on the tragedy on Fairhaven, noted the makeup of the city, the density and congestion with different priorities and issues, need to rank and figure what as policy makers we want to focus our energies on with direction of staff and funds, noted different steps the city can take with the General Plan Update /Vision Plan and the Circulation Element process, Strategic Plan to go back and look at issues around pedestrian safety and take a step back in light of all these different plans, where does the Vision Zero Plan fit in. Noted having a Study Session would be helpful for the Council where all members can be included in this conversation and asked the City Manager and staff to assist in taking the city where it can be and have these conversations and think outside of the box. City Manager Cavazos noted policy direction is very important and indicated OCTA has been previously told the city was not interested in some studies such as South Main where the purpose of the study was to increase the speed and Bristol Street. Noted voters in San Francisco approved the funding of the project and if we have comprehensive outreach and strong policy direction from the Council, people will support safer streets, and noted it will come down to funding and priorities. Vice Chair Martinez noted the need to have the comprehensive plan since the Circulation Element is being updated to include the Mobility Plan, to include the safety component within the complete street plan and have a bike and pedestrian master plan. Also, the Community Engagement Plan will allow us to hear from the community and ensure the various plans are integrated, and discussed the possibility of going out to voters to approve plans and funding, and in the interim to look at the Capital Improvement Plan on what we can do now to improve lighting and signage. Ms. Haluza noted with new direction on active transportation, we are looking at making these concrete changes in our culture and how we look at designing our streets, funding them and use that policy document for the Circulation Element. Mr. Mousavipour noted five weeks ago the City Manager authorized staff to commence the Citywide Traffic Calming Master Plan which is similar to Vision Zero Plan that highlights "Triple E "— enforcement, engineering and education, will Development & Transp. Council Committee Minutes November 6, 2014 evaluate areas in the city, funding, and prioritize, discussed the Pavement Management Program that have priorities coming from OCTA and those important to the city, can also tie into the traffic counting master plan, noted these plans and programs are currently underway. Vice Chair Martinez noted to make sure to put the different plans together and put a priority list with a plan to the Council. Public Speakers: Peter Katz inquired how often are crosswalks repainted and signage checked, noted during the night you cannot see stop signs at intersections and their need to be marked with reflective paint, some crosswalks are in the middle of the blocks with no lighting or flashing lights, suggested possibly use diagonal crosswalks at some major intersections, and the need to repaint crosswalks once a year. Nancy Mejia of Latino Health Access announced the Wellness Corridor Initiative working with the community to create safe and alternative open spaces, and is now doing more work with active transportation advocacy with members of active street coalition, noted the city has their support and are willing to help in the process. Brenda Miller, who was an architect of the San Clemente's award winning Mobility & Complete Street Element, noted she was available to provide any assistance. Maria, resident at Lacy & Santa Ana Boulevard, participated in the Downtown Santa Ana Vision with consultants a few weeks ago with a walking tour and stressed how dark and dangerous it is for the elderly and children who walk to Garfield School. Vice Chair Martinez agreed with Committee member Benavides to bring this item to the full council as a Study Session item to make a decision if this is what they want to support. The following items were tabled and were not discussed: 2. STREETCAR PROJECT UPDATE {Strategic Plan Nos. 6, 1G; 3, 2C} 3. BRISTOL SPECIFIC PLAN UPDATE {Strategic Plan No. 6, 1G} 4. PAVEMENT MANAGEMENT REPORT — JUNE 2014 {Strategic Plan Nos. 6, 1A; 6, 1 F} COMMITTEE MEMBER COMMENTS — None FUTURE AGENDA ITEMS - None ADJOURNED - 6:20 P.M. Karen Haluza Interim Executi - Director /Planning & Building Agency rb:Council Comm \bevel & Transp CC \11 -06 -14 Devel & Transp CC Minutes Development & Transp. Council Committee Minutes 13A-1 0 November 6, 2014 March 9, 2015 5:30 PM CALL TO ORDER City Hall, Ross Annex Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson Vincent Sarmiento, Vice - Chairperson Vacant — Councilmember #3 Recording Secretary: Teresa Ramirez, Executive Secretary PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDAITEMS Approval of Minutes for January 27, 2015, Special Meeting 2. Downtown Wayfinding & Streetscape Amenities {Strategic Plan No. 5, 4a) (Leigh Eisen, C DA) 3. Downtown Parking Update {Strategic Plan 3, 4b) (David Cavazos, CMO) 4. Update on Down Payment Assistance Program {Strategic Plan No. 5,3c) (Sidney Stone, C DA) 5. AMCAL Financing Update {Strategic Plan No. 5, 3a) (Sidney Stone, CDA) 6. Budget Calendar and CIP Update {Strategic Plan No. 4, 2b) (David Cavazos, CMO/ Francisco Gutierrez, FMSA) 7. Retire Health Care and Pension Costs Update {Strategic Plan No. 4, 2d) (Francisco Gutierrez, FMSA) 8. Gas Tax Allocation Update {Strategic Plan No. 4, 2b) (Francisco Gutierrez, FMSA) If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647 -5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Sal Tinajero, Vincent F. Sanniento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Reyna, Mayor Ward 6 Mayor Pro Tern Ward 2 Ward 3 Ward 4 Ward 5 Wuuaormranrzana om I sTinairrrsanranaom I Ward mmamnezasanaanaom 1 nmezcuaasanrzana om I oaenamdesasanaana oro 1 Raewaasanaana om vsarmienmrmsantaana oro City Hall, 20 Civic Center Plaza • P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714- 647 -6900 • Ageld trin In fles: 714 - 647 -6520 • Website: www.santa- ana.org FEDT Agenda 2 March 9, 2015 9. Status of Bond Issuances under the former Redevelopment Agency {Strategic Plan No. 5, 31 (Susan Gorospe, CDA) 10. I.T. Assessment {Strategic Plan No. 6, 1 i} (Robert Cortez, CMO) 11. Wi -Fi Update {Strategic Plan No. 6, 1 i} (Francisco Gutierrez, FMSA) 12. Potential Bond or Tax Measure for Infrastructure and Transportation {Strategic Plan No. 41 (David Cavazos, CMO) 13. Update on City Council Policy for Community Events {Strategic Plan No. 2 } (Gerardo Mouet, PRCSA) STAFF MEMBER COMMENTS: COMMITTEE MEMBER COMMENTS: ADJOURNMENT— Next regularly scheduled meeting is May 11, 2015 13A -12 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON FINANCE, ECONOMIC DEVELOPMENT, & TECHNOLOGY SPECIAL MEETING MINUTES JANUARY 27, 2015 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 12:10 p.m. ATTENDANCE: Council Committee members: Michele Martinez, Chairperson Vincent Sarmiento, Committee Member MEMBERS ABSENT: STAFF PRESENT: GUESTS PRESENT: PUBLIC COMMENTS - None AGENDA ITEMS David Benavides, Vice - Chairperson Francisco Gutierrez, FMSA Sergio Vidal, FMSA Teresa Ramirez, FMSA Waldo Barela, FMSA Alvaro Castellon, FMSA Sandra Simon, FMSA Sidney Stone, CDA Marc Morley, CDA None David Cavazos, City Manager Robert Cortez, CMO Kelly Reenders, CDA Leigh Eisen, CDA Alma Flores, CMO Vince Fregoso, PBA Matt Foulkes Carlos Rojas, PD 1. Approval of Minutes from the Regular Meeting of January 12, 2015. MOTION: Sarmiento SECOND: Martinez VOTE: AYES: Martinez, Sarmiento (2) NOES: None (0) ABSENT: Benavides (1) January 27, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -13 (Item 3 was taken out of order.) 3. Report on Inclusionary Housing Fund Application (Strategic Plan 5, 3.b} — (CDA) City Manager, David Cavazos, reviewed Inclusionary Housing Fund Application versus the application process. Additional time may be needed to get the word out and additional information for funding. Kelly Reenders, Executive Director of Community Development Agency, provided letter from AMCAL requesting financing commitment and presenting this request to City Council in March 2015. Kelly also agrees that additional time may be needed. Council committee members feel this is a good direction for the future. State we need to be consistent. Applicants should be reviewed for history and track record. Address to committee incentives if any. Would like to be kept informed on funds; cap, balance available, when depleted. Next step. 2. Downtown Banner Program (Strategic Plan 3, 4.a) — (CDA) Leigh Eisen, Downtown Development Liaison, CDA, provided PowerPoint presentation on recommendation for city to design and install 100+ colorful banners on its lampposts in the Downtown district. These would be simple with a compelling look for visual identity. Recommended firm for design and print services was selected through RFP process: Akins Parker submitted a bid for $18,000 and this amount has been included in fiscal budget. Councilmembers inquiring on how often banners will change and who will be making decision on banners. Banners should be in the best interest of the City or approved events (i.e. honoring veterans). Who will make determination on banners for promoting special events? They should also be sensitive to groups downtown; possibly bi- lingual; one side in English, one side in Spanish. Next steps; move forward. 4. FY 14 -15 Second Quarter Actuals of General Fund revenues and expenditures (FMSA) City Manager, David Cavazos, reviewed power point and 2nd Quarter Newsletter showing conservative budget. Revenues are up and expenditures are down. Forecast of 20% reserve is fully funded, financial position is excellent and a council request to adopt a one -year forecast is being submitted to full council. Committee chair, Michele Martinez, inquired on breakdown of unfunded positions. For positions not filled, are funds spent elsewhere? City council may have other January 27, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -14 priorities for excess funds. City manager, David Cavazos stated funds are tracked by departments and are included in their budgets. Councilmember Vince Sarmiento compares Management Partners' forecast as blah versus the new forecast as rosy. Would like to see forecast not too conservative; more reality. May need a rating review. City Manager stated cost of credit rating review is expensive. Previous forecast from Management Partners reflected city Fire Department to Orange County Fire Authority (OCFA) and other assumptions that have changed. 5. Unfunded Pension Liabilities and Other Post Employment Benefits (OPEB) Discussion (CMO) We are currently under a five year rate smoothing rule of 8.5% set by CalPERS. The City has met 100% of its actuarial requirements. Retirement health plans are being implemented to help reduce OPEB liability. Recommend establishing an Employee Stabilization Rate Reserve Fund to protect against future rate volatility. 6. Development Services Counter Electronic Queuing System — Progress Update (PBA)a Matt Foulkes, Senior Management Analyst, PBA provided brief description of Electronic Queuing System. Currently reviewing RFP's and anticipates taking recommendation to City Council in March. 7. Prop 1A — Gas Tax Update (FMSA) City has not received its allocation and is still awaiting figures to the complicated formula. COMMITTEE MEMBER COMMENTS - None STAFF MEMBER COMMENTS -None Adjournment— 1:27 p.m. Teresa Ramirez, C41 -OM Recordi g Secre ry, CD January 27, 2015 (Special) I Finance, Economic Development, & Technology Minutes 13A -15 13A -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR FEBRUARY 2015 (STRATEGIC PLAN NO. 5, 1) CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for February 2015. DISCUSSION The February 2015 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. The Strategic Plan Monthly Reports are available on the City's website at: http://www.santa-ana.org/strategic-planning/ 19C -1 19C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: GENERAL PLAN HOUSING ELEMENT ANNUAL PROGRESS REPORT (STRATEGIC PLAN NO. 5, 3B) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _T.-.• 0 As Recommended El As Amended 0 Ordinance on V1 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For CONTI NUED TO FILE NUMBER Authorize submittal of the General Plan Housing Element Annual Progress Report to the State of California Housing and Community Development (HCD). The General Plan Housing Element is a comprehensive planning document designed to address current and future housing needs for the City of Santa Ana. The housing vision is expressed in the goals, policies and implementation programs as stated in the Housing Element. The purpose of the Housing Element Annual Progress Report (Exhibit 1) is to describe the activities and accomplishments made in 2014 to implement the City's housing vision. Two major programs implemented this past year included the adoption of the Harbor Transit Corridor Mixed Use Corridor Specific Plan in October 2014 to zone more land to allow new housing /mixed use opportunities, and implementing the City's Housing Opportunity Ordinance through developer agreements to set -aside 10 affordable housing units to serve low income households. In particular, the report includes a summary of Santa Ana's progress in meeting its share of the Regional Housing Needs Allocation (RHNA). As detailed below, of the 405 RHNA allocation assigned to Santa Ana for the planning period 2014 - 2021, a total of 130 new housing units, or 32 percent of the overall RHNA new construction target, have been completed through December 2014. Progress Towards 2014.2021 RHNA Goal Income RHNAallocation 2014 New Housing units 2014 RHNA Housing units by Income Total Remaining RHNA by Income Levels Ve Low 156 20 20 136 Low 122 20 20 102 Moderate 37 0 0 37 Above Moderate 90 241 90 0 Total RHNA: 40s 281 130 275 Based on building permits issued 19D -1 Housing Element Progress Report March 17, 2015 Page 2 The Housing Element Annual Progress Report is due to the State Department of Housing and Community Development (HCD) and the State Office of Planning and Research in April of each year if a charter city's housing element identifies the acquisition and rehabilitation of existing housing to meet Regional Housing Need Allocation (RHNA) for the construction of new housing. In addition, the Progress Report is required in order for the City to be eligible for certain State funding programs such as the Housing Related Parks Program (HRP). Per Government Code 65400, the report is to be considered at a public meeting before the legislative body where members of the public may provide testimony and written comments. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 3B (Ensure compliance with the City's Housing Opportunity Ordinance by requiring rental and ownership housing projects that meet specified criteria provide a minimum of 15 percent affordable units). FISCAL IMPACT There is no fiscal impact associated with this item. Vince Fregoso, AIC Interim Executive Director Planning and Building Agency M M: rb mrMHougl ngM WannueIrepod \20 WCAMarohl7 Exhibit: 1. General Plan Housing Element Annual Progress Report 19D-2 City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT Submitted by Planning and Building Agency April 1, 2015 EXHIBIT 1 19D-3 MAYOR Miguel A. Pulldo MAYOR PRO TEM Vincent F. Sarmiento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal Tinalero PLANNING & BUILDING AGENCY 20 Civic Center Plaza P.O. Box 1988 • Santa Ana, California 92702 vvww.santa-ana.org/pba Department of Housing and Community Development CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT CONTACT INFORMATION City or County Name: City of Santa Ana Mailing Address: 20 Civic Center Plaza, Santa Ana, CA 92701 Report Contact Person: Vince Fregoso Title: Interim Executive Director Phone: (714) 667 -2713 FAX: (714) 973 -1461 E -mail: vfregoso@santa- ana.org Reporting Period by Calendar Year: from Jan. 1. 2014 to Dec. 31. 2014 SANTA ANA CITY COUNCIL Miguel A. onion Vincent F. Sarmienlo Michele Martinez Angelica Amvcua P. David Benavides Roman Rayne Sal Tinajero Mayor Mayor Pro Tom, Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPufdo(o)aanta -ana ors VSarmientoAsanla- amore MMarr,,.(o ) sanla- ana.ora A. =a- .or DSenav'deaCalgrda-anaoro RRevna(nisanta- ana.ora Brine r.CNeanta -ana ors City of Santa Ana ANNUAL GENERAL PLAN HOUSING ELEMENT PROGRESS REPORT (2014) TABLE OF CONTENTS Contact Information Progress Report: Attachment 1 • Table A: Annual Building Activity Report- Low -, and Very Low - Income Units and Mixed - Income Multifamily Projects • Table A2: Annual Building Activity Report - Summary for Units Rehabilitated, Preserved and Acquired pursuant to GC Section 65883.1(c)(1) • Table A3: Annual Building Activity Report Summary for Moderate - and Above Moderate - Income Units • Table B: Regional Housing Needs Allocation Progress • Table C: Program Implementation Status 19D -5 r Q: yy i LU N o W fn = L d N O o Q N a � uj r r E U LLJ W W a z z Z Q d N M N � C Q m v U) N O r U -a O .0 0 a O � v � N O • a c 0 U 3 � N O 0 U a >. 2 y Q 16 s £ E IR = U N c CL X > c M � J c CO J c > C Q v v 5e N IV U °g� je �aK Ew. @ -Te Z N� 3a �aF LL O € -Bt - arc v O N N c o y S LL A .76 - U S a N o 2 E N � °o O O c < o- 2 n ry v E o s N O N o a - 3 v J O N 0 Q Q N 9 I- _o° m v E o 'o' o y Z $ d EO U O a C oQ � J y C N N T v O O d Z O E 12 U 2 C W Tia � °v Q O g a t0 N v m m O m ❑ a o A �- N 19D-6 N L N d N m o Nof c � O d U N c N U R � ❑ �ZN - = N dK $ $ `m 0 3 h p W � a Z o c O mcoiW OpQ N 0 m 'o ° Q N �Q $ m ❑ S w 'c F- c � E s o O c C O O .N J N F � 0 Z z Z W Q H Q � Wk 2k w§z o �a oEs (L e §� wE� w�� wf kk z:t K � �§ # k§ /k k0 ;! k/ � §( �\d (� { / \ £ 1§D- M �)� § aj , ( §\\ )} fk! _ \\ 27a ®E w7 ® E \ \ t \\ . ƒ{ - } \\ \ \) � f ! ; \ ): E \{ \ \ { ) 1§D- M aj , ( )} \\ 27a ®E w7 ® E t . ƒ{ - \\ � f ! ; \ \\ \{ \ 0 IL o LUw w LU y � o 0 Q. col w § N CL z LU � � U LU W C J � ao D t Z. z a N d o IL c O .o o a Q a m a N m a A F- z � C N = F M G ab u o A d m c Q C a N N O� � e U � O c a 0 C C 0 7 b E 'c 6 o a r E = J �2 � � 9 C N d @ 0 T N O N O O O N r N O q cv w 0 0 0 0 0 0 0 0 N } O c y n 0 0 0 0 0 0 0 0 N } o a 0 0 0 d0 - 0 N } ry N 0 0 0 0 dd- M F Bi m Y o ° b 'bO m u C � K� K 9 K b� b o } c E O o Z m 0 o Z v 0 Z Q 0 E O0. d n 0 $., Z iZ z 3 -v W K > J rw r 19D-8 0 w a d O 0. 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ZR (n OZ 4 C c� @. to w .0 3 2 I CC Z 2 LL lL IY (n 9 O F d 16 o N� I O SwOi N w LLC7U 2.2W2: 19D -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: AUTHORIZATION TO RELEASE A REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES {STRATEGIC PLAN NO, 6, 1, B & F} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTI N U ED TO Authorize the Public Works Agency to release a Request for Proposals for Street Tree Maintenance Services for parkway and street median trees. DISCUSSION The Public Works Agency is responsible for the maintenance of approximately 65,000 parkway and street median trees. The integrity, health, and preservation of the Santa Ana Urban Forest remains the common goal of the Public Works Agency and releasing a Request for Proposals (RFP) will allow City to continue this effort. For the last 20 years, street tree maintenance services have been performed by contract, in partnership with City staff. The current contract with West Coast Arborist expires on June 30, 2015. Staff has prepared a Request for Proposal for Street Tree Maintenance Services that includes specifications for tree pruning, planting, removal, and emergency response services. In addition, to assist with the City's Strategic Plan goal to establish a Citywide asset management program (Strategy 6.1.a), the scope of work has been enhanced to require Global Positioning System location coordinates for each parkway and street median tree. A proposal evaluation team comprised of several City agencies will evaluate and select the proposal that will be presented for City Council approval consideration. RFP TIMELINE March 31, 2015 Release Request for Proposals May 1, 2015 Proposal Submittal Closing Date May 4 through May 12, 2015 Proposals Evaluated May 13 & 14, 2015 Oral Interviews June 16, 2015 City Council Meeting Award Date 19E -1 Request For Proposals for Street Tree Maintenance Services March 17, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users) and Strategy F (perform periodic measurements to monitor and update each asset's condition and ensure adequate funding for repair and /or replacement costs in future budgets). �� 1�11Z�7� h4f� � Y�cl�nitZT«fl There is no environmental impact associated with this action FISCAL IMPACT There is no fiscal impact associated with this action. Fred Mousavipour Executive Director Public Works Agency FM /PG /DM Exhibits: 1. Request for Proposal 19E -2 Exhibit 1 REQUEST FOR PROPOSALS (RFP) 1701N PROVIDING STREET TREE MAINTENANCE SERVICES RFP NO.: 15 -016 CITY OF SANTA ANA Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Denali Mercado Projects Manager (714) 647 -3308 Office (714) 647 -3345 Fax dm e rcadoCa) sa nta -a na. orq Fred Mousavipour Executive Director Public Works Agency KEY RFP DATES: Issue Date: Monday, March 31, 2015 Mandatory Pre - proposal Meeting: Tuesday, April 14, 2015 — 10:00 a.m. Proposal Due Date: Friday, May 1, 2015 -4:00 p.m. Presentation /Interviews: Wednesday, May 13, 2015 Projected Award Date: Tuesday, June 16, 2015 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide street tree maintenance services to maintain an inventory of the parkway and median trees within the City's urban forest. Responses to the Request for Proposals (RFP) will be accepted until Friday, May 1, 2015 at 4:00 PM. If further information is required, contact Denali Mercado at dmercadoosanta- ana.org. All notifications, updates and addenda will be posted on the City's current RFP Bid page at www.santa- ana.org /bids- rfps. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. The successful proposer must possess or obtain a valid California Class C27 Contractor's license and a C- 61049 Contractor License, and a City of Santa Ana Business License prior to the scheduled award date of this contract. MAILED, DELIVERED BY HAND, or COURIERED proposals will be accepted as follows: City of Santa Ana Public Works Agency, Ross Annex, Third Floor 20 Civic Center Plaza Santa Ana, CA 92701 It is the responsibility of the proposer to ensure that any proposals submitted shall have sufficient time to be received by the City of Santa Ana prior to the proposal due date and time. Questions regarding this Request for Proposals shall be made in writing via e-mail to Danell Mercado at dmercado@santa- an a.ora. The receiving time in the Public Works Agency, 20 Civic Center Plaza, Santa Ana, CA 92701, Ross Annex, Third Floor, will be the governing time for acceptability of proposals. Late proposals will NOT be considered and will be returned to proposer unopened. Telegraphic, electronic, and facsimile proposals will not be accepted. ONLY SEALED RFP RESPONSES ARE ACCEPTABLE DO NOT E -MAIL RFP RESPONSES DO NOT FAX RFP RESPONSES City of Santa Ana Street Tree Maintenance RFP Page 1 19E -4 fir' "` t CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR STREET TREE MAINTENANCE SERVICES TABLE OF CONTENTS EXHIBIT A -SCOPE OF SERVICES I. FUNCTIONS AND RESPONSIBILITIES 12 PAGE I. INTRODUCTION 4 II. PERIOD OF CONTRACT 4 III. OPTION OF RENEWAL 4 IV. FISCAL NONFUNDING CLAUSE 4 V. PROPOSAL DEPOSIT AND PERFORMANCE BOND 4 VI. SCOPE OF WORKISERVICES 5 VII. GENERAL INFORMATION 5 VIII. COORDINATION 5 IX. PROPOSER RESPONSIBILITIES 6 X. LICENSE REQUIREMENTS 6 XI. PREVAILING WAGE 6 XII. INITIATION/KICK OFF MEETING 6 XIII. CITY BUSINESS LICENSE 6 XIV. ADDENDA 6 XV. RULES FOR PROPOSALS 7 XVI. MANDATORY PREPROPOSAL MEETING 7 XVII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS/CLARIFICATIONS 7 XVIII. SUBMITTAL INFORMATION AND DEADLINE 7 XIX. SUBMITTAL REQUIREMENTS 7 XX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION 10 XXI. REVIEW EVALUATION RESULTS AND AWARD 11 XXII. PROTEST PROCESS 11 EXHIBIT A -SCOPE OF SERVICES I. FUNCTIONS AND RESPONSIBILITIES 12 11. SCOPE OF WORK 13 III. TECHNICAL MAINTENANCE SPECIFICATIONS 22 IV. GENERAL MAINTENANCE REQUIREMENTS 23 EXHIBIT B — CITY OF SANTA ANA SPECIES LIST 37 EXHIBIT C — PLANTING STANDARD 42 EXHIBIT D — ESTIMATED ANNUAL TRIM CYCLE 43 EXHIBIT E — TREE MEDIAN SPECIES 47 EXHIBIT F— PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 48 EXHIBIT G — RELEVANT WORK HISTORY 51 EXHIBIT H — PROPOSER'S STATEMENT 52 EXHIBIT I — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR 54 EXHIBIT J — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONAIRE 56 EXHIBIT K— NONCOLLUSION AFFIDAVIT 59 EXHIBIT L — SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL 60 City of Santa Ana Street Tree Maintenance RJR C _5 Page 2 GENERAL LIABILITY POLICY EXHIBIT M —SAMPLE AGREEMENT 61 EXHIBIT N — TREE ORDINANCE NO. NS -2414 67 ATTACHMENT 1 — CITY BOUNDARY MAP 74 ATTACHMENT 2 — SAMPLE NEIGHBORHOOD MAPS 75 ATTACHMENT 3 —TREE DISTRICT MAPS 83 City of Santa Ana Street Tree Maintenance RFP 19E -6 Page M CITY OF SANTA ANA REQUEST FOR PROPOSAL FOR STREET TREE MAINTENANCE SERVICES The City of Santa Ana is issuing this Request for Proposals (RFP) to provide street tree maintenance services to maintain an inventory of the street and median trees and trees within the City's urban forest. II. PERIOD OF CONTRACT Unless earlier terminated as allowed for in the agreement, contract term shall be for a period of two (2) years. The contract term is anticipated to commence after City Council award of this contract and upon receipt and approval of all required bonds and insurance documents. The projected contract award date is June 16, 2015, with contract start date as July 1, 2015, and may be adjusted as necessary. III. OPTION OF RENEWAL The term of this agreement shall have provision for two, two -year renewal option at the discretion of City and City Council approval unless the City notifies Contractor in writing at least thirty (30) days before the end of the initial term or any extended term, of its intent to terminate the Agreement at the conclusion of the initial term or any extension. Time is of the essence in the performance of services under this Agreement. No price increase will be considered during the contract term or renewal options. IV. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. V. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five percent (5 %) of the total proposed annual contract amount set forth in Exhibit B shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana, NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. The successful proposer shall supply a performance bond in the amount of one - hundred percent (100 %) of the successfully awarded total annual contract amount of the proposal prior to execution of the contract. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful proposer fails to execute the written contract and furnish the required performance bond, or to satisfy any other City of Santa Ana Street Tree Maintenance RFP 19E -7 Page conditions present within a reasonable time as determined by the City. The performance bond is to be renewed annually and submitted by the contractor in the amount of the total annual contract amount. VI. SCOPE OF WORK/SERVICES The scope of work may include any and all work efforts related to the Street Tree Maintenance Services as set forth in EXHIBIT A - SCOPE OF SERVICES. The contractor shall be an independent contractor capable of providing experienced, knowledgeable and professional staff. The contractor shall be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. The contractor shall provide adequate staffing levels at all times and adhere to established schedules. The contractor shall comply with all federal, state and local laws, rules, regulations, ordinances, and statutes. VII. GENERAL INFORMATION A. The term of the contract will begin after the contract award by the City Council and approval of required bonds no later than July 1, 2015. B. When determined appropriate, the City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. C. The proposer shall be responsible for retaining data, records and documentation for the preparation of the required information. These materials shall be made available to the City as requested by the City. D. This RFP does not commit the City to pay costs incurred in preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, attendance at the mandatory pre - proposal meeting, negotiations with City, and /or any other aspect of a proposal prior to award of a written contract will be borne by the proposer. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any informality or technical defect in the proposal. E. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. F. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any subcontractor(s). Subcontractors shall be the responsibility of the prime contractor and the City shall assume no liability of such subcontractors. VIII. COORDINATION Coordination by the awarded proposer with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required services. Coordination may include, but not be limited to, coordination with neighborhood and civic groups, local and /or state agency boards, and attendance at City Commission, Agency, and Council meetings. City of Santa Ana Street Tree Maintenance RFP 19E -8 Page The City will decide the manner in which the coordination efforts with be conducted. At the City's option, coordination efforts may be performed by the proposer's direct contact, by the proposer acting through the City or by the City only. When coordination efforts require agreements, such agreements shall be coordinated through the City. IX. PROPOSER RESPONSIBILITIES The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. LICENSE REQUIREMENTS In accordance with Section 3300 of the California Public Contract Code, the City has determined that the proposer shall possess a license in the classification specified in the Notice Inviting Proposals. XI. Prevailing Wage The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http: / /www.dir.ca.gov /. The Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. XII. INITIATION/KICK OFF MEETING The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. XIII. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. XIV. ADDENDA Any subsequent changes in RFP from the date of preparation to date of submittal will result in an addendum or amendment by the issuing office. Notification of such addendum or amendment shall be effected by posting on City's website, as set forth in the Notice Inviting Proposals. City of Santa Ana Street Tree Maintenance RFP 19E -9 Page XV. RULES FOR PROPOSALS The signer of the RFP must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer of the proposal has full authority to bind the proposer (Exhibit K). XVI. MANDATORY PREPROPOSAL MEETING A mandatory pre - proposal meeting is scheduled for Thursday. April 9, 2015, at the Public Works Agency- Maintenance Services, City Yard, 220 S. Daisy Avenue M -85, Second Floor, Santa Ana, CA 92703, at 10:00 AM. The meeting will include a detailed discussion of the project, schedule, relevant details of the service etc, and will be followed by a question -and- answer session. All questions must be submitted in written form. After the pre - proposal meeting, City will respond by e -mail to written questions or requests for clarifications. Said e-mail will be sent to pre - proposal attendees. It is highly recommended that proposer operation /field supervisors attend this meeting. It is the bidder's full responsibility to view and inspect the areas to be maintained in accordance with this specification. XVII. E -MAIL COMMUNICATIONS AND INTERPRETATIONS /CLARIFICATIONS To facilitate the RFP process, proposers are required to monitor the City's Bid and RFP page at www.santa- ana.org /bids -Lf2s. No oral interpretations will be made by the City to any proposer as to the meaning of requirements identified herein, including the Scope of Services and Terms and Conditions. Every request for such an interpretation must be made in writing via e-mail to the projects manager (dmercadoCa)santa- ana.org) no later than Monday, April 23, 2015 at 5:00 PM. Significant interpretations or clarifications will be made by an addendum to this RFP, which will be posted to the website. Addenda may become part of the agreement documents. XVIII. SUBMITTAL INFORMATION AND DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth on the Notice Inviting Proposals. Faxed and e-mail proposals will not be accepted. XIX. SUBMITTAL REQUIREMENTS The RFP is intended to assess and evaluate each firm's capabilities as they apply to the proposed project. Submittal of Proposal A. Four (4) copies of the response to the RFP shall be signed by a company official with the power to bind the company. B. One (1) copy of the submittal on a compact disc, USB flash drive or equivalent. C. Structure your proposal to include the Scope of Services response, general time implementation schedule, fees /contract price, and exhibits. Each firm must address each of the following items in its response to the RFP: A. Statement of Qualifications - In order to maintain uniformity, the Statement of Qualifications must be limited to a MAXIMUM of 20 PAGES (excluding front and back City of Santa Ana Street Tree Maintenance RFP 19E -10 Pagel covers, section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. The following information is required: Cover Letter — A letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Firm and Personnel Experience:A profile of the firm's experience, including the names and experience of personnel and subconsultants who will be providing services. At a minimum, this should include the project manager /principal agent, associates in charge when project manager /principal agent is unavailable, key personnel, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager /principal agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited for an interview. The firm shall identify at least two (2) ISA Certified Arborists who have at least 5 years' experience in the field of urban forest management that will be responsible for providing project management throughout the life of the contracts as well as a full -time English speaking Project Supervisor who is an ISA Certified Arborist, capable of communicating with any City representative and be authorized to act on behalf of the firm. 3. List of staff qualification including but not limited to: a. Certified Arborists employed by the firm. b. Certified Tree Workers employed by the firm. C. Certified Utility Arborists employed by the firm. d. Utility Line Clearance Specialist employed by the firm. e. Certified Wildlife Protectors employed by the firm. f. California State Licensed Pest Control Advisor employed by the firm. g. California State Licensed Pest Control Applicator employed by the firm. h. Consulting Arborist employed by the firm to consult on tree health issues. i. Technicians providing technical support for inventory software. 4. Documentation of the technical ability and experience similar in scope to the project. a. A description of previous experience, including urban forestry management projects of similar nature and scope. b. A written description of the proposed software program to be used to manage the City's Tree Inventory and firm's ability to provide accurate inventory updates for all trees serviced. C. A statement describing the firm's ability to provide tree inventory data for the City's Geographic Information System (GIS). Data shall be compatible with the City's GIS program. d. A written description of work activities that includes but not limited to the following activities: i. Grid pruning ii. Service responses iii. Planting V. Removals V. Emergency response protocol e. A written description of the firm's plant to report green waste generated and the method for its disposal. City of Santa Ana Street Tree Maintenance RFP 19E -11 Page f. A complete list of machinery and equipment, including year, serial number and license number, that will be dedicated for use on this contract and all available equipment in reserve to allow for breakdowns. g. A written statement describing the firm's ability to acquire and purchase trees for the City's planting program. Include a description of the facility where the trees are to be stored. 5. Implementation Plan: Proposer shall submit a general description of the deliverables and timelines to complete the project and include firm start date after award and approval on Tuesday, June 16, 2015. 6. Statement of past project disqualifications(s) and litigation. Proposed Quality and Cost Control Plan: to enhance the service and responsiveness to the City. It should include the following: a. The methodology in which the firm will handle complaints from the public and damage to public and private property. b. Effective means to correct problems. C. The means the firm will use for completed the project. 8. Financial Responsibility (Capacity): Proposer shall submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) -day period. If said financial statement does not reflect full ninety (90) -day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. 9. Proposal Deposit (Bid Bond): Five - percent (5 %) of the total proposed annual contract amount of the proposal item pricing in Exhibit F. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check, or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful proposers shall be returned upon award of contract by the City. B. EXHIBIT F — PROPOSER'S CERTIFICATION AND PROPOSAL ITEM PRICING C. EXHIBIT G — RELEVANT WORK HISTORY D. EXHIBIT H — PROPOSER'S STATEMENT E. EXHIBIT I — CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR F. EXHIBIT J — RESPONSIBLE PROPOSER — SUPPLEMENTAL QUESTIONNAIRE G. EXHIBIT K— NONCOLLUSION AFFIDAVIT H. EXHIBIT L— SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY The proposal must be completely responsive to the RFP. Any exceptions to the requirements of this RFP must be included in the proposal. Such exceptions must be included as a separate element of the proposal entitled "Exceptions and Deviations." The Executive Director, in his sole and absolute discretion, may authorize or deny any exceptions. City of Santa Ana Street Tree Maintenance RFP 19E-12 Page J. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise. The City reserves the right to waive minor inconsistencies in submitted Proposals. XX. CONTRACTOR SELECTION — PROPOSAL AND EVALUATION The criteria for evaluating the proposals submitted will take the following items into consideration: A. Qualifications of Entity and Key Personnel ................. ............................25% Included ability to provide the requested scope of services, the Proposer's financial capacity, recent experience conducting work of similar scope, complexity and magnitude for other public agencies of similar size, references. B. Approach to Providing the Requested Scope of Services .........................25% Includes an understanding of the RFP and of the project's scope of services, knowledge of applicable laws and regulations related to the scope of services. C. Price Proposal ......................................................................... ............................30% Price Proposals will be evaluated on the basis of the Grand Total Pruning Section submitted in Exhibit F. D. Information Management ........................................ ............................15% 1. Inventory software provided to the City 2. Technical support for software and data management 3. Quantity and types of inventory equipment 4. The ability to provide accurate inventory updates, for all trees serviced, compatible with the City's tree inventory database 5. Geographic Information System (GIS) capabilities E. Innovative and /or Creative Approaches .................... ............................... 5% to providing the services that provide additional efficiencies or increased performance capabilities F. Oral Interviews In addition to the written proposal, the top tier proposers may be asked to make an oral presentation to the Selection Advisory Committee. The Contractor should have available a principal in the company and the contractor's proposed project manager to discuss the following: 1. The major elements of the proposal and be prepared to answer questions clarifying the proposal details. 2. A description of similar experience the Contractor has in providing the requested services. Exhibits may also be used. 3. The proposed staffing, supervision coverage, level of training, and fleet and facility resources identified to provide the requested services. 4. Any other are the City finds necessary to address. The proposals will be reviewed by a Selection Advisory Committee of City staff members. The committee will evaluate proposers based on the response to the RFP and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. The committee may interview the top tier of proposers on Wednesday, May 13, 2015, and recommend award of the contract to the proposer who will provide the best quality service at minimum cost to the City. The City reserves the right to negotiate pricing and for City of Santa Ana Street Tree Maintenance RFP 19E -13 Page 10 additional terms. City reserves the right to begin negotiations and enter into a contract without an interview or further discussions. XXI. REVIEW EVALUATION RESULTS AND AWARD Proposals will become public record after award of contract. Interested offerors may submit a written request with a self- addressed stamped envelope to receive results of the evaluation. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Submit your request to City of Santa Ana, Public Works Agency- Maintenance Division, 220 S. Daisy Avenue, Santa Ana, CA 92703. XXII. PROTEST PROCESS Any protest must be submitted in writing to the Executive Director of Public Works City of Santa Ana, 20 Civic Center Plaza M- 21 Santa Ana, CA 92701 before 4:00 p.m. of the 5'6 business day following City's notification of intent to award contract. Protester is responsible for ensuring timely delivery of protest. Hand delivered protests must be delivered to the receptionist at the Public Works Receptionist Counter of the 4" floor of the City Hall Ross Annex. The protest shall include a complete statement of the basis for the protest, and shall specify the basis for the protest. The protest shall include the name, address and telephone number of the person representing the protesting party. The person filing the protest shall concurrently transmit a copy of the protest document, and any attached documentation to all other parties with a direct financial interest which may be adversely affected by the outcome of the protest. Such parties include all other proposers who appear to have a reasonable prospect of receiving an award depending on the outcome of the protest. If a timely protest is received, the Executive Director of Public Works, or designee, shall set a hearing within five (5) business days, or as soon thereafter as a hearing may be set. All interested parties may appear and offer testimony at the protest hearing. Formal rules of evidence shall not apply at this hearing, nor shall testimony under oath be required. The burden of proof shall be on the protesting party to demonstrate that staff's determination of the proposed "best quality service at minimum cost" is arbitrary and capricious or unsupported by substantial evidence in the record. The Executive Director will issue a written decision to the City Council on the protest, which shall also be promptly provided to all interested parties. The procedure and time limits set forth in this paragraph are mandatory and are the proposers' sole and exclusive remedy in the event of a protest. Failure to comply with the procedures shall constitute a waiver of any right to further pursue the protest, including filing a Government Code Claim or legal proceedings. City of Santa Ana Street Tree Maintenance RFP 19E -14 Page 11 EXHIBIT A CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES SCOPE OF SERVICES Contractors must provide costs for each of the service categories described in the specifications outlined in EXHIBIT F. Contractors must also list all deviations from specifications, if any. The routine maintenance locations will serve as the basis for the RFP. At the discretion of the Projects Manager or designee, one or more optional add -on locations and specialized services may or may not be included in the agreement with contractor. In addition, the City at the discretion of the Projects Manager or designee, reserves the right to decrease the scope of work during the duration of the agreement. FUNCTIONS AND RESPONSIBILITIES A. PROJECTS MANAGER The Projects Manager or designee shall have the authority to accept/reject materials, workmanship and to make minor changes in work or schedule. When the performance of the work or completion per schedule is determined to be sub - standard, he /she may (1) recommend that all or a portion of payment be withheld, and /or forfeiture for delay to be assessed; (2) direct the work be accomplished by either City forces or separate contractor, in order to complete the necessary work as close to schedule as possible, and withhold the resulting costs. Payment to be withheld shall be deducted from the next monthly payment due the Contractor, or if the amount is insufficient to cover payment, the Contractor shall be liable and will be billed accordingly. The Projects Manager or designee shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the contract by the Contractor, interpretation of the specifications, and compensation to include completion of work by alternate sources. B. CONTRACTOR (1) Contractor's Office Contractor is required to maintain an office /yard within a sixty (60) minute response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by radio or cell phone. Contractor shall have a maximum response time of sixty (60) minutes to all emergencies. There will be no on -site storage of equipment or materials. Contractor will have full responsibility for maintaining an office and a yard. (2) Submittals The Contractor shall submit to the Projects Manager or designee at the beginning of work, 1) a detailed job schedule, 2) time sheet, 3) names and titles of all persons working on the project, and 4) materials and /or chemicals to be used on the project for approval. All submittals shall be periodically updated as necessary. The Projects Manager or designee shall be immediately notified of any deviation from schedule or material usage. Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. City of Santa Ana Street Tree Maintenance RFP 19E -15 Page 12 (3) Uniforms /Identification The Contractor shall provide to all field personnel a standard uniform with company identification. All vehicles and equipment on the project site shall also be properly marked with company identification. (4) Licenses and Permits In addition to any and all relevant City, State and Federal permits and licenses required for the performance of the work required by this contract, prior to award of contract and without additional expenses to the City, the Contractor shall hold a valid and current California C -27 and a C- 61049 Contractor License, and a City of Santa Ana Business License, and submit a copy thereof. Both State licenses must be in good standing for the previous seven (7) years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. (5) Equipment 1. The Contractor's vehicles and equipment shall be neat in appearance and easily identified. Identification on the Contractor's vehicles shall consist of, at a minimum, company name, local telephone number and contract services provided by City of Santa Ana in print no less than eight (8) inches tall. 2. The Contractor shall maintain its vehicles and equipment in safe and mechanically sound condition. 3. The Contractor shall provide all personnel, vehicles, supplies and equipment necessary to perform services. (6) Compliance with Applicable Laws and Regulations 1. Contractor shall perform all requirements under and in strict observance of and compliance with all applicable laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the Occupational Safety and Health Act (OSHA) and as it may be amended or updated throughout the term of this contract. (7) Contractor shall provide sufficient personnel to accomplish the work within the allotted time frames as indicated in this specification. II. SCOPE OF WORK DUTIES AND RESPONSIBILITIES A. INTENT (1) The intent of these specifications is to provide full and complete contract tree maintenance services for parkway and median trees throughout the City herein described, and that such trees be kept in a healthy, weed -free, vigorous, and well -kept state at all times. City of Santa Ana Street Tree Maintenance RFP Page 13 19E-16 DESCRIPTION OF PROJECT (1) Furnish all labor, equipment, materials, and supervision to perform tree maintenance as described herein including, but not limited to, the following: 1. tree trimming, 2. tree removal, 3. root pruning, 4. tree planting, and 5. electronic management of all work records. C. MINIMUM REQUIREMENTS (1) Proposer must have been in the business of providing full service tree maintenance programs to governmental agencies and /or municipalities that includes, but is not limited to the pruning, removal and replacement of trees for at least five (5) years. In addition, Proposer must provide five (5) references with contact information for the main agency manager. (2) Proposers must show, through documentation by records of past performance and references, a corporate capability that includes the ability to perform the following work, both consistently and concurrent with other required services: Annually trim as many as fifteen thousand (15,000) trees and five thousand five hundred (5,500) palms, ranging in size from six (6) inches in diameter and larger, with work occurring during regular business hours, at night or during weekends. Trees and palms shall be trimmed from the safety of a certified aerial boom truck. The Proposer must be prepared to physically display an inventory of equipment for inspection by the City that includes certified aerial boom truck equipment with boom height capacity in excess of ninety (90) feet. The City will not allow workers gaffing into palms as a substitution for equipment that does not meet equipment height requirements. The Proposer must be prepared to trim trees based on seasonal appropriateness and the logistical needs of the City. Annually remove and grind the stumps of as many as three hundred (300) trees ranging in size from thirty -six (36) inches in diameter and larger, with work occurring during regular business hours. The Proposer must show documentable experience in the safe removal of mature trees using methods of rigging, including the use of cranes. Annually, supply and plant as many as five hundred (500) trees ranging in size from a fifteen (15) gallon to a twenty -four (24) inch to thirty -six (36) inch box -size nursery stock. The Proposer shall exhibit, by portfolio and references, experience with planting projects of the scope and quantity described herein. 4. Annually water and maintain as many as five hundred (500) young trees with a regularly scheduled work plan. City of Santa Ana Street Tree Maintenance RFP 19E-17 Page 14 (3) The Proposer shall exhibit, by portfolio and references, the capacity to respond to emergency tree incidents, ranging from limb failures on single trees to storm related damages affecting many trees, in a manner that meets the needs of the City. D. WORKING HOURS (1) Normal working hours shall be within a ten -hour day between the hours of 7:00 AM and 5:00 PM, Monday through Friday. No Saturday or Sunday work is to be scheduled without prior written permission from the City, unless it is an emergency situation. No motorized equipment shall be operated before 8:00 AM or after 5:00 PM. Normal business hours are according to the Municipal Code, Section 18- 314.(i) — Special provisions. 2. (I) Noise sources associated with the maintenance of real property, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday. E. LEVEL OF MAINTENANCE (1) All work shall be performed in accordance with the HIGHEST INDUSTRY STANDARDS, as stated in the enclosed maintenance specification description. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the sites. (2) If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and /or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. (3) The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient work has not been completed, payment for subject deficiency shall be withheld for current billing period and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. QUALITY OF WORK AND MATERIALS (1) All material and equipment furnished by the Contractor shall be new, high grade, and free from defects and imperfections, unless otherwise hereinafter specified. Workmanship shall be in accord with the best standard practices. Both materials and workmanship shall be subject to the approval of the Project Manager or designee. All materials used shall be approved in advance by the Projects Manager or designee. City of Santa Ana Street Tree Maintenance RFP Page 15 19E-18 G. WORKMANSHIP AND SUPERVISION (1) The work force shall include a thoroughly skilled, experienced, and competent supervisor who shall be responsible for adherence to the specifications expressed within the Scope of Work. All supervisory personnel must be able to communicate effectively in English (both orally and in writing). Any order given to supervisory personnel shall be delivered to the Contractor. The supervisor assigned must be identified by name to ensure coordination and continuity. (2) At a minimum, Contractor shall provide, in addition to one (1) full time supervisor, and up to four (4) pruning crews. Each Pruning Crew shall consist of, at minimum: Three (3) employees — 1 foreman and 2 tree trimmers One (1) boom truck One (1) chipper truck One (1) chipper and pruning equipment including, but not limited to, chain saws, pole pruners, and pole saws. Foremen shall be proficient in English and be a qualified line clearance worker or qualified arborist. Each Large Crews shall consist of at minimum: One (1) foreman Two (2) tree trimmers Six (6) ground workers Three (3) boom trucks One (1) loader with a grappler attachment Two (2) roll off forty (40) yard containers. Foreman and tree trimmers shall be qualified line clearance workers or qualified arborists. SUPERVISION OF CONTRACT (1) All work shall meet with the approval of the Projects Manager or designee. There shall be a minimum of a monthly meeting with the Contractor and the City representative to determine progress and to establish areas needing attention. A daily maintenance schedule will be submitted in writing to the City every morning. The supervisor of this contract shall be available to meet with the City's representative daily during working hours, as necessary. (2) Any specific problem area which does not meet the conditions of the specifications set forth herein shall be called to the attention of the Contractor and if not corrected, payment to the Contractor will not be made until condition is corrected in a satisfactory manner as set forth in the specifications. SPECIFICATIONS (1) All work shall conform to the pruning standards as noted in the American National Standard Institute, ANSI A300 (Part 1) — 2008 Pruning Standard and the companion publication Best Management Practices, Tree Pruning (Revised 2008). In all cases the City's representative shall have complete and sole City of Santa Ana Street Tree Maintenance RFP 19E-19 Page 16 J. discretion in determining conformance and acceptability of trees trimmed by the Contractor. Trimmed trees rejected by the City's representative shall be excluded from payment. (2) Contractor shall comply with Standards of the Division of Occupational Safety and Health (CAL OSHA) and the American National Standard Institute (ANSI), Z133.1 -1988, Safety Requirements. (3) These specifications are intended to cover all labor, material and standards of architectural, landscaping, and mechanical workmanship to be employed in the work called for in these specifications or reasonably implied by terms of same. Work or materials of a minor nature which may not be specifically mentioned, but which may be reasonably assumed as necessary for the completion of this work, shall be performed by the Contractor as if described in the specifications. All correspondence shall be addressed to: Danell Mercado — Projects Manager Public Works Agency— Maintenance Division 220 South Daisy Avenue — Building A Santa Ana, CA 92703 dmercado ansanta- ana.ora K. PROVISIONS FOR EXTRAS (1) No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved in writing by the City before the work is commenced. The Contractor will be required to provide before and after photographs of safety items or emergency repairs which were made without prior City approval. Documentation of contract compliance may be required on some occasions. (2) Should a change or extra work be found necessary by the City, all changes and extra work shall be performed at the same unit price of any proposal item listed. If the work is not listed as a proposal item, the Contractor shall submit a fair cost for the work to be performed. A change order authorization, in writing, will be issued by the City. (3) The City reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the work described in the specifications or the proposal form or to omit portions of the work so described as may be deemed necessary or expedient by the City Arborist or designated representative and the Contractor shall agree not to claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be done. The City shall reduce the price accordingly. Alterations, modifications or deviations from the work described in the scope of services by Contractor shall be subject to the prior written approval of the City. Any price adjustments shall be made by mutual consent of the parties in that case. City of Santa Ana Street Tree Maintenance RFP 19E -20 Page 17 L. STREET CLOSURES, DETOURS, BARRICADES (1) Warning signs, lights, and devices shall be installed and displayed in conformity with "The California Manual on Uniform Traffic Devices" for use in performance of work upon highways issued by the State of California, Department of Transportation and as directed by City staff. (2) If the Contractor fails to provide and install any of the signs or traffic control devices required hereby or ordered by the City staff, staff may cause such signs or traffic control devices to be placed by others, charge the costs therefore against the Contractor, and deduct the same from the next progress payment. (3) A traffic control plan will be submitted to the Projects Manager or designee ten (10) days prior to starting this contract. M. DISPOSAL (1) All debris generated by the Contractor in the performance of work shall become the property of the Contractor from and after the time of site clean -up. The Contractor shall dispose of all generated debris at no additional cost to City and shall dispose of debris as is consistent with the requirements of AB 939. 1. Provide disposal reports 2. As requested, City may request Contractor to dump tree mulch at City owned sites at no extra cost to City. 3. All green waste produced as a result of the Contractor's operations under this Agreement shall be reduced, reused, recycled, and /or transformed by Contractor. Weight slips shall be required as proof of final disposal and must be submitted by Contractor with each demand for payment. All brush generated from tree trimming operations shall be recycled where practical. 4. Wood chips a. Reducing shall include but not be limited to chipping, grinding, and /or shredding operations. Disposal is to be at a recycling yard for use in a mulching program, and Contractor shall provide proof of such with each demand for payment. b. At the direction of the Maintenance Services Manager, wood waste generated from tree removals shall be chipped into pure wood chips with an even uniform size. These chips may be dumped in specific locations in the City. Reducing will include, but not be limited to using chipped, ground or shredded tree materials as mulch. If the Contractor has a location outside the City where such mulch may be applied, Contractor must provide the City with documentation (included in each demand for payment) from the property owner including indicating location and amount of material to be used at that location. RECORDS City of Santa Ana Street Tree Maintenance RFP 19E -21 Page 18 (1) Contractor shall provide and operate, at no cost to the City, a computerized tree inventory system that is capable of uploading historic data and that is compatible with the current tree inventory provided by current contractor (Arbor Access) inventory system (web -based SQL Server 2008). 1. This system shall be password accessible twenty four (24) hours each day of the year via the internet. 2. Historic tree inventory and work history data, to be provided by the City, shall be uploaded and operational within Contractor's tree inventory system prior to the commencement of any tree service work under the terms of an awarded contract. 3. Thereafter, the Contractor shall update and maintain the tree site specific, internet accessible, computerized tree inventory system to reflect changes in baseline data (e.g. species, height, DBH) and to record the date, cost and crew identity for any trimming, removal, planting or emergency response work that occurs at any tree site at which tree work is performed. The system shall be upgraded to reflect the removal and replacement of trees, as well as the addition of trees to the inventory. 4. The system shall be capable of maintaining and displaying all past work histories for any and all tree sites in the inventory, both individually and collectively by query, as well as future scheduling to the extent known. 5. All aspects of the system including, but not limited to, data entry, system maintenance, system hardware and /or software upgrades and server security and stability shall be the responsibility of the Contractor and shall be provided at no cost to the City. The system shall not be proprietary in the nature of its function and shall operate and interface with common computer software and web based applications, including the ability to export data into common spreadsheet applications. The records created for the City shall be the property of the City. (2) The Contractor shall keep accurate records concerning all of his /her employees or agents. The Contractor shall provide this information in an organizational chart as changes in staffing occur. Additionally, the Contractor shall provide the City with names and telephone numbers of emergency contact employees. (3) Contractor will provide on a monthly basis to the Projects Manager or designee a report of any changes noted or performed by the Contractor to the existing street Park Tree Inventory. The City of Santa Ana reserves the right to adjust quantities to this contract. These adjustments will be determined by the Project Manager or designee. O. EMERGENCY SERVICES The Contractor will provide the City a twenty -four (24) hour emergency phone number and name of at least two (2) qualified persons who can be called by City representatives when emergency maintenance conditions occurs. These Contractor representatives shall respond to said emergency within thirty (30) minutes of receiving notification and mobilize field staff to respond to the emergency within two (2) hours. City of Santa Ana Street Tree Maintenance RFP 19E-22 Page 19 LICENSE In addition to any and all relevant City, State and Federal permits and licenses required in the execution of the contract, the Contractor shall hold a valid and current California C -27 and a C- 61/D49 Contractor License and submit a copy thereof. Both licenses must be in good standing for the previous seven (7) years without any official unresolved record of complaints registered or filed with the Board or California Department of Consumer Affairs. The name and permit number will be supplied to the City at the beginning of contract, and any changes forwarded within twenty -four (24) hours of said change. Q. CONTRACTOR'S OFFICE Contractor is required to maintain an office within a sixty (600) minutes response time of the job site and provide the office with phone service during normal working hours. During all other times, a telephone answering service shall be utilized and the answering service shall be capable of contacting the Contractor by cell phone or pager. Contractor shall have a maximum response time of sixty (60) minutes to all emergencies. Contractor will have full responsibility for maintaining an office and a yard. There will be no on -site storage of equipment or materials, according to City ordinance: Sec. 36 -145. - Same — Commercial vehicles. No person shall park and /or leave standing on any street, or portion thereof, in any residential district located within the city any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more for a period of time longer than two (2) hours. Such restriction shall not apply to any commercial vehicle which is making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the residential street for which a building permit has previously been obtained. R. SCHEDULES The City operates on a four (4) year prune cycle trimming approximately 55,000 trees. The City annually prunes approximately 15,000 trees and approximately 5,000 palms by grid prune. (1) Annual Schedule Upon contract award, the successful Proposer shall be required to submit a work schedule based on the City's annual pruning requirements, removal and placement program, and planting projects. The proposal shall include a recommended annual work program, daily work schedules, personnel and vehicles that would be required to complete the annual maintenance program. Depending on the City's current and future needs, the scheduled work may require multiple crews to perform concurrently within the same time constraints. a. The Contractor shall provide an annual maintenance schedule indicating the time frames when items of work shall be accomplished per the performance requirements. b. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance. City of Santa Ana Street Tree Maintenance RFP 19E-23 Page 20 (2) Monthly Schedule 1. Contractor shall meet with the City once a month to discuss work performance, special instructions, any problems encountered and upcoming schedules. 2. Changes to the schedule shall be received by the Projects Manager or designee at least twenty -four (24) hours prior to the scheduled time for the work. 3. Failure to notify of a change and /or failure to perform an item of work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week or month. (3) Daily Schedule The Contractor shall meet with the City's representative daily for the purpose of reviewing the week's work, receiving special instructions, and to discuss any problems encountered on the job. Changes to daily schedule can be made verbally or by email to the Projects Manager or designee. (4) Performance on Schedule The Contractor has been provided the maximum latitude in establishing work schedules which correspond to its manpower and equipment resources. The Contractor has also been provided the opportunity and procedure for adjusting those schedules to meet special circumstances. Therefore, all work shall be completed on the day scheduled, as shown on the weekly schedule. S. PERFORMANCE DURING INCLEMENT WEATHER (1) During the periods when inclement weather hinders normal operations, the Contractor shall adjust his /her work force in order to accomplish those activities that are not affected by weather. (2) The Contractor shall immediately notify the Projects Manager or designee prior to removing the work force from the job site for agreement on degree of inclement weather or other reasons. If the Projects Manager or designee cannot be reached, the Contractor shall notify Maintenance Services Supervisor. T. PUBLIC NOTICING The Contractor shall supply and post standard signage on the trunk of the tree at the site work at which work is to be performed, at least seventy two hours (72) in advance of work with the signage clearly stating what type of work is to be done and what affect the work will have on parking availability at that particular site. Posting shall be affixed to the tree trunk using materials that do not cause permanent damage to the tree such as twine. In the event that a tree trunk is not available for posting, the Contractor shall affix the posting to a standard size safety cone or a three foot stake and place that cone in the center of the parkway where a tree is to be planted or atop a stump that is scheduled for grinding. City of Santa Ana Street Tree Maintenance RFP 19E-24 Page 21 U. TOOL SANITATION On all trees, including palms, known or suspected to be diseased, pruning tools and cut surfaces shall be disinfected with a twenty -five (25) percent chlorine bleach solution or one hundred (100) percent Lysol, after each cut and between trees where there is danger of transmitting the disease on tools. Fresh solution shall be mixed daily. Old solutions shall be disposed of through proper disposal methods. Dumping used or old bleach solutions on the ground or down the storm drain and will result in severe penalties to the Contractor. V. WILDLIFE PROTECTION (1) The Contractor shall have a wildlife protection program that outlines employee protocol when discovering wildlife in trees scheduled for pruning. A copy of the program material shall be made available to the Projects Manager or designee. (2) Prior to the commencement of any work in the vicinity of any tree, each tree shall be visually surveyed, from all sides, for the sole purpose of detecting the presence of bird nests or wildlife of any type. If a nest is found and is determined to be active, there shall be no work of any type in the tree in which the nest is found without the verbal or written permission of the City Arborist or designated representative. At no time shall any nest or wildlife be removed from its location. (3) In the event that wildlife is accidentally displaced and needs assistance, the Contractor shall notify the City's Animal Control service and /or the nearest appropriate animal rescue facility, as identified in the Contractor's submittal required herein regarding "Protection of Wildlife', shall be contacted for assistance. W. UNDERGROUND EXCAVATIONS The Contractor shall be responsible for locating all underground utility lines to insure the safety of his /her work crew and to protect, in place, existing utility equipment before commencing any excavation. Contractor shall contact the Projects Manager or designee and Underground Service Alert (1 -800- 227 -2600) 48 hours before commencing any excavation, to locate underground service lines. III. TECHNICAL MAINTENANCE SPECIFICATIONS A. TREEINVENTORY (1) Upon contract award, the successful Proposer shall be required to provide a complete update of the City's tree inventory at no additional cost to the City and submit the completed inventory to the City within six (6) months of the contract award. The tree inventory data shall conform to the existing tree inventory database and include but not be limited to the following data fields: (2) Tree Location A Global Positioning System (GPS) tree inventory shall be created with a new database using the City's standardized addressing system for all City owned or maintained easement. The Contractor shall be required to create an ESRI ArcGIS compatible "shapefile ". City of Santa Ana Street Tree Maintenance RFP 19E -25 Page 22 2. The inventory shall be capable of showing the location of every existing tree site and vacancies on the City's existing GIS base maps (streets, parcels, addresses, ROW and hardscape, etc.). 3. The tree inventory shall be conducted by visiting each tree site or vacant planting site and plot the position. The data shall be compatible with the latest version of ArcView. The minimum accuracy shall be not more than one (1) sub - meter. 4. The systems should be able to export a shapefile that includes all tree attributes. Latitude /Longitude, Species, Height, DBH, Age or Date Planted (if available), ID number (for linkage to maintenance records), etc. (3) Tree condition General condition of individual trees 2. Condition of surrounding hardscape (Le, displaced or recent repairs or any lift over three quarters (3/4 ") IV. GENERAL MAINTENANCE REQUIREMENTS All maintenance functions shall be performed in accordance with the following specifications. The City shall have the right to determine schedule days and the extent and frequency of additional ..as needed" services. Standards and frequencies may be modified from time to time as deemed necessary by the City for the proper maintenance of the listed trees. All operations will be conducted so as to provide maximum safety for the public and minimize disruption of the public use of City streets. Hazardous evaluation of trees or palms at time of trimming and reported through work order system. While performing work of any type, the tree worker should inspect for any obvious hazards related to trees, including uplifted sidewalk segments (lifted over three quarters (3/4 "), all hazardous situations should be corrected or promptly reported to the City. Any structural defector weakened tree shall be reported to the City's designated representative. This information will be updated, at a minimum, on a weekly basis. Remove leaves, weeds, trash, and other debris from landscaped areas and disposed of off -site. Clean sidewalks, roadways, and any other areas littered or soiled by Contractor maintenance operations. Maintain the premises free of debris at all times. Upon completion of any work project, the Contractor shall remove remaining excess materials, waste, rubbish, debris, and his /her construction and installation equipment from the premises. Any dirt or stains caused by the work shall be removed. Existing City trash containers shall not be used for the disposal of debris collected by the Contractor. Prune trees adjacent to roadway intersections to provide adequate sight distance for vehicles entering the intersection. Prune trees materials so that all traffic control signs are clearly visible to approaching drivers. City of Santa Ana Street Tree Maintenance RFP Page 23 19E-26 Notify the City immediately of any unusual and hazardous conditions at the work site. A. HARDWOOD TREE PRUNING Any tree work performed on a City tree must be done according to the City's specifications. The criterion for pruning varies based on the type or purpose of pruning. (1) General Specifications for hardwood tree pruning Contractor shall consult with the City Arborist before making any cuts that could result in permanent disfigurement of the structure of any tree. Trees shall be pruned so as to prevent branch and foliage interference with safe public passage. Street clearance shall be kept to a minimum of fourteen feet (14') above the paved surface of the street and nine (9) feet above the curb and surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. If pruning to these standards would result in permanent disfiguration of a tree, the Contractor shall not prune the tree until such time as direction is obtained from the City Arborist. 3. When removing a live branch, pruning cuts should be made in branch tissue just outside the branch bark ridge and collar, which are trunk tissue. If no collar is visible, the angle of the cut should approximate the angle formed by the branch bark ridge and the trunk. 4. When removing a dead branch, the final cut should be made outside the collar of live callus tissue. If the collar has grown out along the branch stub, only the dead stub should be removed, the live collar should remain intact and uninjured. 5. Whenever pruning involves the removal of limbs that are too large to hold securely in one hand during the cutting operation, the limb shall be cut off first at a point several feet beyond the intended final cut. The final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Cuts that result in tearing of tissue on limbs below cuts shall be corrected. 6. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Excessively deep flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar should not be removed. 7. All dead and dying branches and branch stubs shall be removed. 8. All broken or loose branches shall be removed. 9. Branches that are developing in such a manner as to become larger than the limbs they originate from shall be removed or reduced to half the diameter of the parent branch. 10. When encountering limbs that are weighted with more foliage than the limb is likely to support, selectively prune branches toward the end of the City of Santa Ana Street Tree Maintenance RFP 19E -27 Page 24 limb in order to reduce end weight and thus decrease the likelihood of limb failure. 11. Selectively reduce and /or remove branches that create sight line conflicts with traffic control signs and /or devices. 12. Selectively reduce and /or remove branches that are within five (5) feet of a structure. 13. Clear trees of sprout or sucker growth to a minimum height of ten (10) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 14. Prune so as to maintain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by the City Arborist to do otherwise. 15. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to trees. 16. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. 17. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major pest problems shall be promptly reported to the City. 18. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with an un- abrasive wood surface and secure bark remaining intact. 19. All trees six (6) inches in diameter or less shall be pruned with hand tools only. 20. Chain saws will not be permitted to remove any branches two (2) inches or less in diameter. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or future disease /decay problems. 21. Any extraneous metal, wire, rubber or other material interfering with tree growth shall be removed when possible. 22. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically directed by the City to aid in the safety of climbers performing the removal of a tree. (2) Prune Classifications for Hardwood Trees A Light Prune is performed when conditions within the crown of a hardwood tree are such that only target pruning is needed. Trees that are identified for a Light Prune shall have no more than 15% of the live foliage removed. A Light Prune typically consists of one or more of the following pruning treatments found in sections b, and f below: City of Santa Ana Street Tree Maintenance RFP 19E -28 Page 25 2. A Grid Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Grid Prune shall have no more than 25% of the live foliage removed. A Grid Prune typically consists of one or more of the following pruning treatments found in sections a., b, c., d., e. and f below: 3. A Large Scale Prune is performed when conditions within the crown of a hardwood tree are such that the entire tree needs to be fully pruned. Complete pruning is recommended when the primary objective is to maintain or improve tree health and structure, and includes pruning to reduce overall canopy mass and excessive wood weight. Trees that are identified for a Large Scale Prune shall have more than 25% of the live foliage removed, have a diameter breast height above 29 ", and /or a 50' spread. All Large scale pruning shall be pre- authorized by the City Arborist or designee. A Large Scale Prune typically consists of one or more of the following pruning treatments found in sections a., b, c., d., e. and f below: 4. A Service Request Prune shall require Contractor to provide tree maintenance services on designated tree(s) as ordered by the City Arborist or designee. Duration of tree maintenance services could be less than one full work day, requiring Contractor to mobilize to another work area. Most assignments will require several job site set ups to perform the work dependent on field conditions. A Service Request Prune typically consists of one or more of the following pruning treatments found in sections a., b, c., d., e. and f below: a. Structural Prune: Structural Pruning is the removal of live branches and stems to influence the orientation, spacing, growth rate, strength of attachment, and ultimate size of branches and stems. Structural pruning is used on young and medium -aged trees to help engineer a sustainable trunk and branch arrangement. If young trees are pruned to promote good structure, they likely will remain serviceable in the landscape for more years than trees that have not been structurally pruned. This pruning type can be summed up in the phrase: subordinate or remove codominant stems. Small- maturing trees and shrubs are structurally pruned to properly space codominant stems, reduce or remove rubbing limbs, and provide desirable crown configuration. All branches are to be kept less than half the trunk diameter. Spacing scaffold limbs allows for the trunk and leader to develop properly, gives the canopy a more balanced form, and reduces wind resistance. Suppress growth on branches with included bark to minimize the chance of breakage. b. Crown Cleaning: Crown Cleaning or cleaning out is the removal of dead, diseased, crowded, weakly attached and low -vigor branches and water sprouts from the entirety of the tree crown. Cleaning is the selective removal of dead, diseased, detached, and broken branches. This type of pruning is done to reduce the risk of branches falling from the tree and to reduce the movement of decay, insects, and diseases from dead or dying branches into the rest of the tree. It can be performed on trees of City of Santa Ana Street Tree Maintenance RFP 19E-29 Page 26 any age but is most common on medium -aged and mature trees. Cleaning is the preferred pruning type for mature trees because it does not remove live branches unnecessarily. Cleaning removes branches with cracks that may fail when the interior wood dries. C. Crown Thinning: Crown Thinning includes the selective removal of branches to increase light penetration and air movement into and through the crown. Increased light and air stimulates and maintains interior foliage, which in turn improves branch taper and strength. Thinning reduces the wind -sail effect of the crown and the weight of heavy limbs. Care must be used to avoid stripping branches of all foliage at the interior of the tree crown. This practice, known as "lion tailing" disrupts the structural integrity of the tree, making it subject to limb and branch failure, especially during high winds. Thinning the crown can emphasize the structural beauty of trunk and branches as well as improve the growth of plants beneath the tree by increasing light penetration. When thinning the crown of mature trees, up to 25% of the live foliage may be removed unless directed otherwise by the City Arborist. d. Crown Reduction: Crown Reduction is used to reduce the height and /or spread of a tree. Crown reduction varies from topping, a destructive practice, in that cuts are not made indiscriminately, resulting in large stubbed off limbs that are subject to decay. Reduction is the selective removal of branches and stems to decrease the height and /or spread of a tree or shrub. This type of pruning is done to minimize the risk of failure, to reduce height or spread, for utility line clearance, to clear vegetation from buildings or other structures, or to improve the appearance of the tree. Portions of the crown, such as individual limbs, can be reduced to balance the canopy, provide clearance, or reduce likelihood of breakage on limbs with defects. While reducing a crown, tree workers must adhere to basic tree trimming practices involving limb /branch size relationships and use of the branch bark collar in avoiding the onset of decay at cut sites. e. Crown Restoration: Crown Restoration is corrective pruning used as a means to restore the form of crowns that have been previously damaged by extenuating circumstances. Restoration is the selective removal of branches, sprouts, and stubs from trees that have been topped, severely headed, vandalized, lion tailed, broken in a storm, or otherwise damaged. The goal of restoration is to improve a tree structure, form, or appearance. Properly done, this technique provides a more pleasing, unpruned natural look to the tree compared to topping or shearing. Crown Raising: Crown Raising consists of removing the lower branches of a tree in order to provide clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one -half of its foliage on branches that originate in the lower two - thirds of its crown to ensure a well- formed, tapered structure and to uniformly distribute stress within the tree. City of Santa Ana Street Tree Maintenance RFP 19E-30 Page 27 (3) Pruning Specifications for individual Hardwood Species General Trimming and Shaping of Conifers Two basic classes of conifers can be found in Santa Ana, those with branches radiating out from the trunk such as Pine trees or Cedar trees and those that sprout branches in a random manner such as Juniper or Taxus. Conifers shall typically be pruned in late winter or early spring. Typically, up to 25% of the live foliage may be removed unless directed otherwise by the City Arborist. a. Contractor shall avoid damaging the central leader on all conifers. In specific cases the City Arborist may direct the contractor to remove the central leader in an effort to limit the height of specific trees. b. At the time of pruning, the City Arborist shall determine which trees shall have the new growth pinched back in an effort to control canopy size. C. To control the growth of large, mature conifers contractor shall be required to prune the new growth of lateral limbs. d. Typical pruning of conifers shall consist of removing crossed limbs, deadwood or unwanted branches from the interior of the canopy. General Trimming and Shaping of Broadleaf Trees: Follow the shape indicated by the natural growth habits of each tree species. Trimming and shaping of trees shall be as directed by the City Arborist and in accordance with the following: a. Cut to laterals to preserve the natural form of the tree, leaving the head open enough for the branching system to show and permitting the dead material to be easily cleaned out and light to show through the head. Tree foliage shall be reduced by at least fifteen percent (15 %) and up to twenty -five percent (25 %). b. In specific cases the City Arborist may direct the contractor to reduce the size of the tree crown in an effort to limit the height of specific trees. C. Trim to remove dead wood or weak, diseased, insect - infested, broken, low, or crossing limbs. Branches with an extremely narrow angle of attachment should normally be removed. d. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or branch from which they arise. e. Heading cuts and /or topping will not be allowed under any circumstances. Heading, rounding over, or stubbing shall not be an accepted practice for reducing the size or the framework of any tree. City of Santa Ana Street Tree Maintenance RFP 19E-31 Page 28 B. PALM TREE PRUNING Any tree work performed on a City tree must be done according to the City's specification. The criterion for pruning varies based on the type or purpose of pruning. Palm Pruning consists of maintaining the crowns and trunks of palm trees including the pruning of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into a ball or nut as applicable by palm type. (1) The specifications for the pruning of Queen Palm trees are as follows: 1. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Queen Palm (Syagrus romanzoffianum): Palm pruning is the removal of fronds, flowers, fruit, stems, or loose petioles that may create a hazardous condition. Palms also may be pruned for aesthetic reasons to eliminate sprouts and stems or dead fronds and seapods. Live, healthy fronds should not be removed. If they must be removed, however, avoid removing those that initiate at an angle of 45 degrees or greater above horizontal. Fronds removed should be severed close to the petiole base without damaging living trunk tissue. Climbing spikes should not be used to climb palms for pruning. 3. While making an approach to the palm crown for pruning, the Contractor shall inspect the trunk of the palm tree for signs of decay, insect frass, bees, rodents, bird nesting or any other condition suggestive of a structural abnormality. Upon finding any condition suggestive of a structural abnormality of the palm stem, the Contractor shall report to the City Arborist immediately. 4. Care shall be taken in the handling of fruit and flowers as they are likely to release clear liquids that react with and can cause staining to hardscape elements. The Contractor shall be responsible for removing palm fruit related stains from private property hardscape elements. (2) The specifications for the pruning of Canary Island Date Palm trees are as follows 1. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Canary Island Date Palm (Phoenix canariensis): dead petiole bases shall be formed into an ornamental ball which begins directly below the lowest green fronds and acts to provide a base of support to the palm crown. This ornamental ball shall be uniform and smooth in appearance and shall extend no less than four (4) and no more than eight (8) feet below the lowest live frond in the crown. Ornamental balls with flattened or "stop sign" sides will not be accepted. The upper portion of the ornamental ball shall not taper in, resulting in a "pineapple' appearance as this treatment defeats the support capacity of the ball. The distal portion of the ball shall begin at a point flush with the periphery of the palm trunk and make a gradual taper upwards until it reaches the periphery of the shaped ornamental ball. The Contractor may use a clean chainsaw in forming and /or shaping the ornamental ball of a Canary Island Date Palm. The use of a sharpened shovels in shaping and maintaining ornamental balls often results in ornamental balls which have flat, untapered bottoms that are likely to relax and collapse into pedestrian and vehicular traffic zones with grave consequences. City of Santa Ana Street Tree Maintenance RFP 19E -32 Page 29 3. Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. 4. Fronds shall be trimmed using a handsaw, pole saw, or chainsaw that has been sterilized for no less than five (5) minutes by having the entirety of its cutting blade submersed in a twenty -five (25) percent chlorine bleach solution or one hundred (100) percent Lysol, before and after the tool is used to cut the fronds of any other palm tree. 5. Using properly sterilized equipment as described herein, any fruit or flower structures in the crown of the palm shall be removed concurrently with frond pruning. 6. The Contractor shall use care not to cut into live trunk tissue while maintaining the ornamental ball. The Contractor shall remove any foreign plant material that has sprouted in an ornamental ball. The Contractor shall verify that the ornamental ball meets the standard described herein each time a Canary Island Date Palm is pruned. (3) The specifications for the pruning of Date Palm trees are as follows: 1. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Date Palm (Phoenix dactylifera): spent petiole bases are left to form a supportive "base" below the lowest green fronds of the crown. Unlike the ornamental ball of a Canary Island Date Palm (Phoenix canariensis), the base does not require ornate shaping. Instead, spent petiole bases are left uniformly long to form the base of the canopy, which shall extend no less than four (4) and no more than six (6) feet below the lowest live frond in the crown. The Contractor may use a chainsaw in forming and /or shaping the base of a Date Palm by shortening a number of the lower petiole bases to bring the length of the nut to standard. The Contractor shall use care not to cut into live trunk tissue while maintaining the nut. The Contractor shall verify that the base meets the standard described herein each time a Date Palm is pruned. (4) The specifications for the pruning of King Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. King Palm (Archontophoenix cunning hamiana): loose petiole bases are to be removed each time the crown of a King Palm is serviced. Petiole bases that are attached to live trunk tissue shall be left undamaged. (5) The specifications for the pruning of Mexican Fan Palm trees are as follows: 1. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: Mexican Fan Palm (Washingtonia robusta): spent petiole bases are left uniformly long to form a base which shall extend no more than four (4) feet below the City of Santa Ana Street Tree Maintenance RFP 19E -33 Page 30 lowest live frond in the crown. Using hand tools, the Contractor shall verify that the base meets the standard described herein each time a Mexican Fan Palm is pruned. (6) The specifications for the pruning of California Fan Palm trees are as follows: 1. Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. California Fan Palm (Washingtonia filifera): spent petiole bases are left uniformly long to form a nut which shall extend no more than eight (8) feet below the lowest live frond in the crown. The Contractor shall verify that the base meets the standard described herein each time a California Fan Palm is pruned. (7) The specifications for the pruning of Windmill Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Windmill Palm (Trachycarpus fortunei): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. (8) The specifications for the pruning of Pindo Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Pindo Palm (Butia capitata): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. (9) The specifications for the pruning of Mediterranean Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Mediterranean Palm (Chamaerops humilis): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. (10) The specifications for the pruning of Guadalupe Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Guadalupe Palm (Brahea edulis): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the City of Santa Ana Street Tree Maintenance RFP 19E-34 Page 31 role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. (11) The specifications for the pruning of Palmetto Palm trees are as follows: Maintenance of the ornamental ball located at the base of the palm canopy, directly below the live fronds, shall be as described by species as follows: 2. Cabbage Palm (Saba) palmetto): Live, healthy fronds, initiating at an angle of 90 degrees or greater from the horizontal plane, shall not be removed. Fronds removed should be cut close to the petiole base, taking into consideration the role of petiole bases in the formation and maintenance of the ornamental ball at the base of the canopy, as applicable by species. C. TREE REMOVAL Tree removal consists of the removal of the entirety of a hardwood tree or palm tree and the removal of its root system. (1) The Contractor shall comply with all general specifications standards described herein. (2) The diameter price given by the Contractor for tree removals shall be inclusive of all staff, materials and equipment necessary to remove trees as described herein. (3) All diameter measurements for tree and stump removals shall be at diameter at trunk flare. (4) All diameter measurements for tree only removals shall be at diameter at breast height. (5) As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the removal of a tree and its root system. The Contractor shall notify the City Arborist or designated representative, in writing, of any condition that prevents the removal of a tree and /or the grinding of its root system. The Contractor shall take all responsibility for any damage that occurs once the process of removing a tree and /or associated root grinding begins. (6) The Contractor shall comply with wildlife protection standards described herein whenever removing a tree. (7) The Contractor shall not remove any tree without first confirming that the tree being considered is indeed the tree to be removed. Any confusion should be resolved by contacting the City Arborist for assistance. (8) During a tree removal, the Contractor shall maintain control of the tree and its parts at all times, which shall include the selection and use of proper techniques and equipment. At no time shall branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of control incidents shall be penalized. (9) While loading and handling debris, the Contractor shall maintain control at all times so as not to result in damage to the public rights or way or private property. City of Santa Ana Street Tree Maintenance RFP 19E -35 Page 32 In addition, the Contractor shall not drop logs or trunks so as to create undue noise or impact shock related damages to public and /or private property. (10) Stumps, including the root flare shall be ground to a depth of no less than eighteen (18) inches. Surface roots shall be traced and ground to a depth of no less than eight (8) inches. Debris generated by stump grinding and root removal shall be removed from the site and replaced with native soil. Chips and stump grindings shall not be used as a backfill material. (11) The Contractor shall be responsible for the repair of any private property irrigation system components damaged during a tree removal or stump grinding. Repairs shall be made using components matching those that were damaged. D. TREE PLANTING & YOUNG TREE CARE (1) Tree Planting 1. Tree planting consists of the installation of nursery stock container or palm trees supplied by the Contractor. 2. The Contractor shall comply with all general specifications standards described herein. 3. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall assume full responsibility for any damage that occurs during the planting of any tree. 4. The Contractor shall supply quality nursery stock which is fully rooted and representative of recognized standards for size and quality of the material being planted. 5. Brown trunk height (BTH) for palm trees shall be measured from the top of root ball to the lowest green frond attached to the trunk at an angle of ninety (90) degrees. 6. Planting stock shall be well watered prior to shipping and covered for the duration of transport. Trees that are delivered uncovered, with a dry or fractured root ball or with broken scaffold limbs will be rejected. Root bound material will be rejected. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball will be rejected. 7. The Contractor shall not begin excavation for the planting of a tree without first confirming that the planting site being considered is indeed the site intended for the planting of a tree. Any confusion should be resolved by contacting the City Arborist for assistance. In excavating planting pits, the Contractor shall not excavate deeper than the depth of the root ball of the tree being installed. The bottom of the planting pit shall be undisturbed so that the planted tree will not settle below top of root ball grade standards defined herein. As the width of the parkway allows, the Contractor shall excavate the planting pit to be two (2) times the width of the root ball of the nursery stock being planted. 8. All nursery containers and box sides shall be removed from tree root balls prior to planting. The Contractor shall not install trees with box City of Santa Ana Street Tree Maintenance RFP Page 33 19E -36 bottoms left on. All container debris (e.g. strapping, box fragments, and nails) shall be removed from the planting pit prior to backfilling. The Contractor shall install the tree or palm so that the top of root ball is at grade with top of curb so that the trunk flare is completely exposed. In the event that there is no curb (i.e. park site), the Contractor shall install the tree or palm so that the top of root ball is two (2) inches above surrounding finish grade. The Contractor shall not resort to cutting or trimming the root ball as a means of meeting grade standards. 10. The Contractor shall backfill hardwood tree plantings with excavated native soil. 11. The Contractor shall backfill transplanted palm plantings with one hundred (100) percent washed mortar (plaster) sand. 12. While backfilling, the Contractor shall cease backfilling when the planting pit is one half (1/2) full and apply water to remove air pockets from the backfill. Once the water has drained, the Contractor shall resume backfilling the planting pit. A watering basin shall be constructed in a uniform circle and shall extend from the center of the tree trunk to six (6) inches beyond the edge of the root ball. The top of the watering basin shall be graded and maintained uniformly with the upper edge of the basin maintained at a grade of four (4) inches above the root flare of the tree. 13. The Contractor shall be responsible for the stability of planted trees. The nursery stake stall be removed from the trunk of the tree (as applicable) and the tree shall be double staked using two (2), two (2) inch lodge pole stakes of a length sufficient to be installed beyond the depth of the planting stock root ball and to extend to the upper branches of the installed tree's crown. The stakes shall be installed an equal distance from the trunk of the tree and shall be installed perpendicular to the street or sidewalk and shall be installed so that one stake is orientated to be one hundred eighty (180) degrees opposite the other. The root ball shall not be damaged by the installation of stakes. The trunk of the tree shall be attached to the stakes using City approved tree ties installed as per manufacturer's specifications. (2) New Tree Care New Tree Care consists of the irrigation of young trees which have been installed by the Contractor and the cultivation of new canopy coverage. The Contractor shall comply with all general specifications standards described herein. 2. As stated previously herein, the Contractor shall identify the location of all utilities and private property landscape irrigation components prior to the planting of any tree. The Contractor shall take all responsibility for any damage that occurs during the planting of any tree. 3. The Contractor shall not use hoses, equipment or water from private properties when watering parkway trees. City of Santa Ana Street Tree Maintenance RFP 19E -37 Page 34 4. While performing tree watering, the Contractor shall maintain the tree watering basin to include the removal of weeds and debris and the maintenance of the watering basin to size and grade standards defined herein. 5. Trees shall be watered in such a manner that does not result in erosion of the tree watering basin, splashing of parked vehicles or damage to any of the tree's surroundings. Haphazard riggings and /or watering out of the window from the cab of watering equipment will not be tolerated. 6. The Contractor shall maintain a daily log of trees watered. The log shall list the tree watered by site. A printed copy of the log, which shall be maintained in digital format, must accompany invoicing for tree watering services by the Contractor. ROOT PRUNING SPECIFICATIONS (1) In an effort to minimize future damage to public sidewalks and curbs and gutters, the City is initiating a root pruning and root barrier installation program. The Contractor will be provided a listing of trees to be root pruned. The list shall include the location of the tree, tree species, lineal feet to be root pruned and area to be pruned such as sidewalk or curb and gutter. (2) Roots shall be pruned adjacent to the edge of the sidewalk, curb and gutter or other improvements as indicated. Root pruning cuts adjacent to the sidewalk shall be up to four (4) inches wide /twelve (12) inches deep, and a minimum of twelve (12) feet in each direction from the centerline of the tree as measured from the top of the sidewalk or other improvements. Root pruning cuts adjacent to the curb shall be four (4) inches wide, eighteen (18) inches deep, and a minimum of eight (8) feet in each direction from the centerline of the tree as measured from the top of the curb or other improvements. (3) Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened adequately to sever roots in a clean manner and equipped with padded tracks or rubber tires to prevent scraping or marking the sidewalk. (4) After the pruning cut has been completed, the Contractor shall install the appropriate amount of root pruning barrier by Deep Root Corporation, or an approved equal. All cuts shall be backfilled immediately upon completion of root pruning and barrier installation at each location. Backfill material shall consist of soil and /or mulch from root pruning and shall be free of rocks and other debris. All debris generated by these operations shall be immediately removed from the site and properly disposed of by the Contractor. (5) The Contractor shall repair or replace all utility service connections or sprinkler systems within the right- of -way that are damaged or removed as a result of the root pruning operation. Repairs shall be implemented immediately and completed by the end of the same working day. Repairs and replacements shall be at least equal quality and configuration to existing improvements and shall match them in finish and dimension. City of Santa Ana Street Tree Maintenance RFP 19E -38 Page 35 (6) The Contractor shall submit a lineal foot cost for the root pruning and root barrier installation. The cost of providing all labor, tools, equipment and materials necessary for performing the specified work will be included in the Proposal price and no additional compensation will be allowed. CONSULTANT ARBORIST The contractor will provide the service of a consultant arborist. When requested , the consultant arborist will be performing tree health assessment which should include 360 degree, ground -based visual inspections of the tree crown, trunk, trunk flare, above ground roots and branch and stem defects, drilling evaluation of target risk increment, boring, probing, , sounding, sub - surface root and soil assessment and site conditions around the tree in relation to targets. City of Santa Ana Street Tree Maintenance RFP 19E -39 Page 36 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES cn Y OF SAN[ A ANA Platanus acerifolia LONDON PLANE 6,516 LQLhostemon confertus BRISBANE BOX 5,497 Srus romanzoffianum SLa QUEEN PALM 5,351 Jacaranda mimosifolia JACARANDA 4,218 Quercus flex HOLLY OAK 3,510 Lacerstroemia indica CRAPE MYRTLE 2,966 Pinus canariensis CANARY ISLAND PINE 2,048 Cinnamomum camghora CAMPHOR TREE 1,901 Fraxinus velutina ARIZONA ASH 1,646 Liguidambar styLacfflua AMERICAN SWEETGUM 1,355 Pgus calleryana ORNAMENTAL PEAR 1,293 Quercus aqrifolia COAST LIVE OAK 1,205 Cunaniomis anecardioides CARROTWOOD 1,166 ALanolia grandiflora SOUTHERN MAGNOLIA 1,132 Get era p arviffora L-- AUSTRALIAN WILLOW 801 Tabebuia avellenedae LAVENDER TRUMPET TREE 632 LEiodendron tulipifera TULIP TREE 534 Schinus terebinthifolius BRAZILIAN PEPPER 527 Ulmus P—arvifofia CHINESE ELM 520 Washinotonia robusta MEXICAN FAN PALM 476 Pvrus callervana 'Chanticleer' CHANTICLEER PEAR 442 Pyrus-Lawakamil EVERGREEN PEAR 394 Ti mamn—a—timul TIP u 356 Platanus racemosa CALIFORNIA SYCAMORE 312 Koelreuteria bibinnate CHINESE FLAME TREE 275 �galodendrum_gapense CAPE CHESTNUT 258 Cedrus deodara DEODAR CEDAR 251 Platanus mexicana 'Alamo' ALAMO MEXICAN SYCAMORE 200 Eucalyptus citriodora LEMON-SCENTED GUM 194 Fraxinus anqusffboliasubs . subs . qar�a RAYWOOD ASH 192 ALChontomhoenix cunninghamiana KING PALM 165 LaQerstroemia indica 'White' WHITE CRAPE MYRTLE 132 Podocamus are i J . or FERN PINE 129 Ligustrum lucidum GLOSSY PRIVET 128 EgyLmiqrocarpa 'Nitida' INDIAN LAUREL FIG 127 Byru6L.callery REDSPIRE PEAR 123 Ceratonia siligua CAROB 121 Casuarina cunnLngtlamiana RIVER SHE-OAK 109 Phoenix dactylifera DATE PALM 108 Callistemon citrinus LEMON BOTTLEBRUSH 105 City of Santa Ana Street Tree Maintenance RFP 19 E-40 Page 37 Schinus malle CALIFORNIA PEPPER 100 Cupressus sempervi . rens ITALIAN CYPRESS 99 Rhuslancea AFRICAN SUMAC 99 Eriobatrya deflexa BRONZE LOQUAT 98 Koelreuteria 12aniculata GOLDENRAIN TREE 98 Brahea edulis GUADALUPE PALM 97 Phoenix loureirii LOUREIROS DATE PALM 95 Podocarpus ma!Lrllus YEW PINE 92 Platanus spy SYCAMORE 90 Brachychiton wj2ulneus BOTTLE TREE 88 Eucalyptus oolvanthemos SILVER DOLLAR GUM 86 Platanus x aceLfolia 'B/oodQood' BLOODGOOD PLANE 85 Alnus rhombifolia WHITE ALDER 83 Platanus mexicana MEXICAN SYCAMORE 78 Tabebuia impetiaj . nosa PINK TRUMPET TREE 77 Washinatonia filifera CALIFORNIA FAN PALM 74 Trachycarpus fortunei WINDMILL PALM 71 Pinus eldarica AFGHAN PINE 69 Metrosideros excelsus NEW ZEALAND CHRISTMAS TREE 65 Ginkgo biloba MAIDENHAIR TREE 60 Fraxinus uhdei SHAMEL ASH 59 Hymenogporum flavum SWEETSHADE 59 Eiaus halepensis ALEPPO PINE 55 Pyrus calleryana 'Aristocrat' ARISTOCRAT PEAR 53 Prunus cerasifera PURPLE-LEAF PLUM 51 Calocedrus decurrens INCENSE CEDAR 50 Chionanthus retusus CHINESE FRINGE TREE 47 _Quercus spp. OAK 47 Pittosoorum undulatum VICTORIAN BOX 46 -Ylmus pumila SIBERIAN ELM 46 Phoenix canariensis CANARY ISLAND DATE PALM 44 Bauhinia varlegata PURPLE ORCHID TREE 43 Olea europaeLa OLIVE 42 Eyqq824Ls spy EUCALYPTUS 40 Other tree OTHER TREE 33 &tLus betuffolia DANCER PEAR 33 Eucalyptus sideroxvlon RED IRONBARK 32 Fraxinus uhdei'Tomlinson' TOMLINSON ASH 32 Platanus x acerifolia 'Columbia' COLUMBIA PLANE 32 Robiniapseudoacacia BLACK LOCUST 27 Car ilnensis PECAN 26 EucalZQtus globulus BLUE GUM 26 Fiqys_s . FIG 26 Fraxinus velutina 'Modesto' MODESTO ASH 26 Callistemon virninalis WEEPING BOTTLEBRUSH 25 Podocarij is henkelfi LONG-LEAFED YELLOWWOOD 25 City of Santa Ana Street Tree Maintenance RFP 19E-41 Page 38 HONEY LOCUST 23 ROUND - LEAFED SWEETGUM 22 AVOCADO 22 ITALIAN STONE PINE 22 CHINESE PISTACHE 22 BLACK ACACIA 19 BOTTLEBRUSH 19 WEEPING FIG 19 LOCUST 19 WILLOW 18 CORK OAK 17 PINE 16 RUSTY LEAF FIG 14 EDIBLE LOQUAT 13 OLEANDER 13 CORAL TREE 12 CHINESE TALLOW TREE 12 GOLDEN TRUMPET TREE 12 SILK TREE 11 CATALPA 11 SILK -FLOSS TREE 11 TORREY PINE 11 PEPPERMINT TREE 10' CAROLINA LAUREL CHERRY 10 DRAKE ELM 10 RED FLOWERING GUM 9 WHITE MULBERRY 8 SIERRA BLANCA PEAR 8 SAMUEL SOMMER MAGNOLIA 7 PALM 7 FOXTAIL PALM 7 ORCHID TREE 6 ABYSSINIAN BANANA 6 TOYON 6 PRIVET 6 STAR PINE 5 MEXICAN BLUE PALM 5 MEDITERRANEAN FAN PALM 5 RED GUM 5 CHINESE JUNIPER 5 JAPANESE BLACK PINE 5 QUEENSLAND PITTOSPORUM 5 SOUTHERN LIVE OAK 5 BRUSH CHERRY 5 PINDO PALM 4 City of Santa Ana Street Tree Maintenance RFP 19E-42 Page 39 MADEIRA BAY FIG 4 PALMETTO 4 BRUSH CHERRY 4 SPANISH DAGGER 4 ACACIA 3 SILVER MAPLE 3 MAPLE 3 HONG KONG ORCHID TREE 3 NEVADA CYPRESS 3 CYPRESS 3 WEEPING INDIAN LAUREL FIG 3 WILSON HOLLY 3 CAJEPUT TREE 3 PITTOSPORUM 3 CAPE PITTOSPORUM 3 PEACH 3 POMEGRANATE 3 IDAHO LOCUST 3 CABBAGE PALM 3 COAST REDWOOD 3 AMERICAN ELM 3 BUNYA -BUNYA 2 PAPER MULBERRY 2 CROWN OF GOLD TREE 2 CHESTNUT 2 FALSE CYPRESS 2 LEMON 2 GREEN GEM INDIAN LAUREL FIG 2 KUMQUAT 2 WALNUT 2 JUNIPER 2 RUSSET MAGNOLIA 2 MAGNOLIA 2 FRASERS PHOTINIA 2 MOCK ORANGE 2 FLOWERING PEAR 2 RED OAK 2 INDIAN HAWTHORNE 2 YUCCA 2 MONKEY - PUZZLE TREE 1 NORFOLK ISLAND PINE 1 AUSTRALIAN FLAME TREE 1 BIRD OF PARADISE BUSH 1 TRINIDAD FLAME BUSH 1 City of Santa Ana Street Tree Maintenance RFP 19E-43 Page 40 City of Santa Ana Street Tree Maintenance RFP 19E-44 Page 41 INCENSE CEDAR 1 Casimiroa edulis WHITE SAPOTE 1 Cassia leptoghylla GOLD MEDALLION TREE 1 Cord y line australis DRACAENA 1 CukressocWaris leylandu LEYLAND CYPRESS 1 canariensis CANARY ISLAND BROOM 1 .qytisus Qud�decar �/ TRIANGLE PALM I fqgq&p- s cinerea ASH GUM 1 EYOWLLMLYgLa SWAMP MAHOGONY I Ficus carica EDIBLE FIG I Fraxinus aennsylvanica 'Marshall' MARSHALL ASH 1 PINK CRAPE MYRTLE 1 Laurus nobilis SWEET BAY 1 Leucaena glauca WHITE POPINAC 1 Qqustrum_japonicum JAPANESE PRIVET 1 Macadamia tetraphylla ROUGH-SHELL MACADAMIA I Magnolia arandiflora 'Saint Marv' SAINT MARY MAGNOLIA 1 Malus floribunda CRABAPPLE I Melia azedarach CHINABERRY 1 MqLa��boi�es DAWN REDWOOD I Pinus radiata MONTEREY PINE 1 EQdocar Au s na g i --- PODOCARPUS NAGI I .oulus fremontii Po FREMONT COTTONWOOD 1 Po ulus nigra 'Italica' LOMBARDY POPLAR 1 Prunus 'Mt Fuii' MT FUJI CHERRY 1 Prunus amy dry, alas ALMOND 1 Prunus armeniaca APRICOT 1 Schinuspolygamus PERUVIAN PEPPER 1 Stenocarpus sinuatus FIREWHEEL TREE 1 Tabebuia hetero hylla PINK TRUMPET TREE 1 Zelkova serrata SAWTOOTH ZELKOVA I Total: 50,799 City of Santa Ana Street Tree Maintenance RFP 19E-44 Page 41 EXHIBIT C CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES PLANTING STANDARD 1. TREE SPACING 35' YIN. TO 50' MAX " 2. PLANT 50' YIN . FROM OCR ON THE APPROACH i• TO AN INTERSECTION AND 15' FROM THE BCR ON VARIARLF THE EXIT SIDE. (- 3 PLANT 10' MIN FROM EDGE OF DRIVE APPROACH COMPACTED SOIL M% A. PLANT 10' MIN. FROM UTILITY k SEWER LINES 5. PLANT 20' MIN . FROM STREET LIGHT STANDARDS AND POWER POLES. ROOT DARRER. REFLECTING RIBS 6, PLANT 10' MIN. FROM FIRE HYDRANTS. 2 - CNMOI THE(( TIC CINCH EO RE( (OR 7. TREE TO BE CENTERED IN 3' % S TREE WELL. _ I I_ 2- VIA X B MIN. _ _ _ LODGE [OR EQUIV.) TREE Qww - VARIABLE TRUNK FLARE ABOVE GRADE �I�� SIVEWALN KEEP MULCH AWAY FROM TRUNK _ 3' X S TREE WELL ` 2 l.e. CURB 4 i• VARIARLF 'uhmsmRSED SOL (- COMPACTED SOIL M% _ 12'X3' POLYEMENE PLASTIC ROOT DARRER. REFLECTING RIBS _ ON "ONG CURB • _ I I_ ypEINSAILDKE PACIXWi.D SACKR U. SOIL _ _ _ FERTILIZER TABLETS 14 TOTAL) MIN 24* N' BOX TREE -I I I I X" MIN , SOL MOUND BENEATH TREE STANES PLACCD OUTSIDE ROOTBALL E %(YIYAIFD SOIL FLARE S % ROOIBALL RL COMPACTED SOL NOT TO SCALE Y X ROOiBALL IOU. ALL O D"°` D CITY OF SANTA ANA, `e PUBLIC WORKS AGENCY 0 STREET TREE IN PARKWAY PLANTING DETAIL SM. PLAN NUMBER 1124B AN I;" N s N XDDi BATRY N0 &hwr IN ffil IL HAN IN m City of Santa Ana Street Tree Maintenance RFP 19E -45 Page 42 EXHIBIT D CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES YEAR 1 ESTIMATED ANNUAL TRIM CYCLE 2015 -2016 Fiscal Year Species Grid Prune Light Prune Lare Scale Prune Quantity An nual Cycle Estimated Next Trim 15/16 African Sumac 100 100 1 16/17 15/16 Brisbane Box 2373 3176 5549 4 19/20 15/16 Bronze Loquats 46 52 98 4 19/20 15/16 Camphor 1898 2 1900 5 20/21 15/16 Canary Island Pine (Winter Only) 1917 131 2048 2 17/18 15 /16 Carrotwood 899 268 1167 2 17/18 15/16 Chinese Flame 169 106 275 2 17/18 15/16 Chinese Fringe 43 4 47 2 17/18 15/16 Chinese Pistache 4 18 22 2 17/18 15/16 Elm Chinese 483 37 520 3 18/19 15/16 Elm Siberian 41 6 47 3 18119 15/16 Eucalyptus species combined 319 37 38 394 2 17/18 15/16 Golden Rain tree 69 29 98 2 17/18 15/16 Magnolias species combined 737 406 1143 3 18/19 15/16 Olive 38 4 42 3 18/19 15/16 Orchid tree (Only in winter) 50 2 52 2 17/18 15/16 Peppermint Tree 5 5 10 1 16/17 15/16 Trumpet Tree Species 709 13 722 4 19/20 15/16 Tipu 354 2 356 1 16/17 15/16 Yew pine 92 92 5 20/21 Total Queen Palm: 5,361 Total Hardwood Trees: 14,682 Grid Prune: 10,254 Light Prune: 4,390 Large Scale Prune: 38 City of Santa Ana Street Tree Maintenance RFP 19E -46 Page 43 YEAR 2 ESTIMATED ANNUAL TRIM CYCLE 2016 -2017 Fiscal Year Species Grid Prune Light Prune Large Scale Prune Quantity Anmral Trim Cycle Esfimated NectTrim 16/17 African Sumac 100 100 1 - 16/17' Australian Willow 605 194 799 3 Bottle Brush, All Lemon, 16/17 Weeping 107 43 150 3 -" 19/20 MAN Bottle Tree 75 13 1 88 1 3 19/20 16ATJ Cape Chestnut 76 182 258 5 21/22 16117¢ Carob 120 1 121 3 19/20 16/17; Catalpa 11 11 4 20/21 16/17 Cherry Brush 8 1 9 4 20/21 16/17" Fern Pine 108 21 129 3 19120 16/17 Ficus Benia, Nitida, Rubizinosa 101 1 4 88 193 1 2 18/19 16/17' Jacarandas 2797 1416 7 4220 2 18/19 16/17; Liquidambar 963 410 1373 2 -. 18/19 WIT Locust (Black, Honey) 44 30 74 2 C 18/19 16/17- Mulberry 9 1 10 2 18/19 1647 Pear species combined 1900 448 2348 3 19/20 16/17_ Pecan 18 8 26 1 2 18/19 16/17; Pepper Brazilian, California 567 60 627 2 18/19 16/17'' Peppermint Tree 5 5 10 1 1` 17/18 16/17" Pittosporum Mock Orange 2 2 3 .' 19/20 16/17 Pittosporum Queensland 5 5 3 ' 19/20 16/17fi Privet Glossy 62 66 128 3 19/20 16/17: Sweetshade 58 13 58 1 3 1 19/20 16/17 Tipu 354 2 356 1 1 17/18 16 /17I Tulips 534 154 380 4 20/21 16/17 t White Alder (Raise Only) 83 83 4 20/21 Total Palms: 6,261 Queen Palms: 5,361 Canary Island Date Palm: 44 Date Palm: 203 Other Palms: 903 Total Hardwood Trees: 11,879 Grid Prune: 8,712 Light Prune: 3,072 Large Scale Prune: 95 City of Santa Ana Street Tree Maintenance RFP 19E -47 Page 44 YEAR 3 ESTIMATED ANNUAL TRIM CYCLE 2017 -2018 Fiscal Year Species Grid Prune Light Prune Large Scale Prune Quantity Annual Trim Cycle Estimated Next Trim African Sumac 100 100 1 18/19 Ash Tom. Ariz, Sham, Ray 1519 430 1949 3 20/21 Avocado 12 10 22 3 20/21 Canary Island Pine (Winter Only) 1917 131 2048 2 19/20 Carrotwood 899 268 1167 2 19/20 Chinese Flame 169 106 275 2 19/20 Chinese Fringe 43 4 47 2 ', 19/20 Chinese Pistache 4 18 22 2 ' 19/20 Chinese Tallow 12 12 3 20/21 Crape Myrtle 2090 1010 3100 5 22/23 Deodar Cedar 181 1 70 251 4 21/22 Eucalyptus species combined 319 37 38 394 2 19/20 Firewheel tree 1 1 4 21/22 Golden Rain tree 69 29 98 2 19/20 New Zealand Xmas 65 65 5 22/23 Oak 3758 1137 4895 4 21/22 Olive 38 1 4 42 2 19/20 Orchid tree (Only in winter) 50 2 1 52 2 19/20 Peppermint Tree 5 5 10 1 18/19 Pine Aleppo (Only in winter) 55 55 4 21/22 1rm, Pine Torrey (Only in winter) 11 11 4 21/22 17/18= She Oak 58 51 109 3 20/21 17/18 Silk Floss Tree 3 3 3 20/21 17/18 Tipu 1 354 1 2 1 356 i Total Queen Palms: 5,361 Total Hardwood Trees: 15,084 Grid Prune: 11,644 Light Prune: 3,402 Large Scale Prune: 38 City of Santa Ana Street Tree Maintenance RFP 19E-48 Page 45 YEAR 4 ESTIMATED ANNUAL TRIM CYCLE 2018 -2019 Fiscal Year Species Grid Prune Light Prime Large Scale Prime Quantity Annual Trim Cycle Estimated Next Trim African Sumac 100 100 1 Bunya Bunya(Depends on cones) 2 2 5 23/24 Elm Chinese 483 37 520 3 21/22 Elm Siberian 41 6 47 3 21/22 Fieus Benin, Nitida, Rubininosa 101 4 88 193 2 20/21 Jacarandas 2797 1416 7 4220 2 20/21 Liquidambar 963 410 1373 2 20/21 Locust (Black, Honey) 44 30 74 2 20/21 London Plane (Sycamore Species) 6341 845 7186 4 .22/23 Magnolias species combined 737 406 1143 3 21/22 Mulberry 9 1 10 2 20/21 Olive 38 4 42 3 21/22 Pecan 18 8 26 2 20/21 Pepper Brazilian, California 567 60 627 2 20/21 Peppermint Tree 5 5 10 1 Redwoods (Coast & Sierra) 4 4 1 5 23/24 Tipu 354 2 356 1 1 Total Palms: 6,261 Queen Palms: 5,361 Canary Island Date Palm: 44 Date Palm: 203 Other Palms: 903 Total Hardwood Trees: 15,933 Grid Prune: 12,600 Light Prune: 3,238 Large Scale Prune: 95 City of Santa Ana Street Tree Maintenance RFP 19E -49 Page 46 EXHIBIT E CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES MEDIAN TREE SPECIES Species Total Canary Island Pine 383 Tipu 351 London Plane 264 Camphor Tree 250 American Sweetgum 247 Queen Palm 219 Crape Myrtle 190 Eucalyptus 154 Date Palm 144 Pear Species 94 Sycamore Species 31 Windmill Palm 33 Purple Orchid Tree 26 Victorian Box or Brisbane Box 22 Olive 18 Southern Magnolia 15 Italian Stone Pine 14 Afghan Pine 13 Jacaranda 12 Brazilian Pepper 12 Silk -Floss Tree 9 Chinese Flame 8 Australian Willow 8 Aleppo Pine 6 Locust Species 5 Sweetshade 4 Yew Pine 4 Fern Pine 3 California Fan Palm 2 Pindo Palm 2 Silk Tree 2 Monkey Puzzle Tree 1 Star Pine 1 Bunya - Bunya Canary Island Date Palm Yucca Hong Kong Orchid Tree Carrotwood Queensland Pittosoorum 2553 ** Majority of median trees are trimmed on Saturday. City of Santa Ana Street Tree Maintenance RFP 19E -50 Page 47 EXHIBIT F CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of work locations. I am familiar with all the existing conditions and limitation that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposal Item Price - Pricing shall be based on a unit cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Bid proposal fee will be based on Pruning Section Grand Total Price. PRUNING SECTION Description Unit 710,254(Yearl) 7.$ Light Prune Each $ a Grid Prune Each $ b Annual Queen Palm Prune Each $ 5,361 (Year 1) $ c Bi- Annual Date Palm Prune Each $ 203 (Year 2 ) $ d Bi- Annual Canary Island Palm Prune Each I $ 44 (Year 2 ) $ e Bi- Annual All Other Palm Prune Each $ 903 (Year 2) $ f GRAND TOTAL PRICE — PRUNING SECTION ONLY (a +b +c +d +e +f) $ City of Santa Ana Street Tree Maintenance RFP 19E -51 Page 48 SPECIALTY SERVICE Service Request Prune Description Unit UNIT PRICE Each $ Root Pruning with 12" barrier Palm Skinning Per Foot $ Foot Diameter Standard Height Watering of young trees, water truck & operator Tree & Stump Removal Per Inch REIN RENTALS Crew Rental 3 men Minimum 3 Hours Diameter Standard Height $ Tree Only Removal Per Inch $ Diameter Standard Height Stump Only Removal Per Inch $ Inspection Report (including Risk Assessment) Per Tree $ Consultant Arborist Inspection Level 1, 2 or 3 Per Hour $ ' C ���►�l.��k'i'S,EC�E� �.. ,_,�LANTIN�,:_- _ Plant 15 Gallon with root barrier Each $ Plant 24 inch Box with root barrier Each $ Plant 36 inch Box with root barrier Each $ Plant 48 inch Box with root barrier Each $ Plant 60 inch Box with root barrier Each $ Plant 15 Gallon with root barrier Each $ Plant 24 inch Box with root barrier Each $ Plant 36 inch Box with root barrier Each $ Plant 48 inch Box with root barrier Each $ Plant 60 inch Box with root barrier Each $ SPECIALTY SERVICE Service Request Prune Each $ Large Scale Prune Each $ Root Pruning with 12" barrier Foot $ Root Pruning with 18" barrier Foot $ Watering of young trees, water truck & operator Da $ REIN RENTALS Crew Rental 3 men Minimum 3 Hours Per Hour $ Emergency Crew Rental 3 men Minimum 3 hours Per Hour $ City of Santa Ana Street Tree Maintenance RFP 19E -52 Page 49 GPS Tree Inventory cost only applies to new trees planted after completion of initial Tree inventory. Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Landscape Maintenance Laborer ". LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -53 Page 50 GPS Tree Inventory of Existing Trees (Approx. 60,000 trees ) Lump Sum g Global Positioning System GPS Tree Inventory Cost "" Per Tree Site $ GPS Tree Inventory cost only applies to new trees planted after completion of initial Tree inventory. Cooperative Purchasing It is intended that any other public agency (e.g., city, county, school district, public authority, public agency, municipality, and other political subdivision or public corporation) shall have the option to participate in any award made as a result of this solicitation at the same prices. The City of Santa Ana shall incur no financial responsibility in connection with any purchase by other public agency. The public agency shall accept sole responsibility for placing orders and making payments to the vendor. Labor Classification The work performed on this contract is routine, recurring, and usual. The work includes watering, trimming, pruning, planting, removal and replacement of trees and plants, and servicing of irrigation. The rates included in the Cost Proposal are based on prevailing wage determination "Landscape Maintenance Laborer ". LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E -MAIL ADDRESS FEDERAL ID NUMBER CONTRACTOR LICENSE NUMBER THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -53 Page 50 EXHIBIT G CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES RELEVANT WORK HISTORY List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: City of Santa Ana Street Tree Maintenance RFP 19E -54 Page 51 Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -55 Page 52 EXHIBIT H CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm: Signed: Printed Name: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -56 Page 53 EXHIBIT I CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the contractors noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction /services contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965,and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. The contractor shall include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 7 in every subcontract or purchase order unless City of Santa Ana Street Tree Maintenance RFP 19E -57 Page 54 exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation by a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as amended, no discrimination shall be made in the employment of persons because of race, religious creed, color national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor violating this section is subject to all the penalties imposed for a violation of the chapter. Printed THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -58 Page 55 EXHIBIT J CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES RESPONSIBLE PROPOSER— SUPPLEMENTAL QUESTIONNAIRE How many years has your organization been in business in California as a contractor under your present business name and license number? If you performed same business under a different business name with same ownership and operation management and changed name due to, but not limited to, bankruptcy, loss, or license, please complete an additional and separate questionnaire. 2. What is your firm's average gross revenue for the last three years? 3. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed 4. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to Question 2, above.) ❑ Yes ❑ No If "yes," indicate the case number, bankruptcy court, and the date on which the petition was filed. Case Number Bankruptcy Court Date Filed Has any California State License Board license held by your firm or its responsible managing employee or responsible managing officer been suspended within the last five years? ❑ Yes ❑ No At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a services contract with either a public or private owner? ❑ Yes ❑ No Has your firm ever defaulted on a contract? ❑ Yes ❑ No If "yes," explain on a separate page. City of Santa Ana Street Tree Maintenance RFP 19E -59 Page 56 8. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed, or otherwise prevented from bidding on, or completing, any government agency project for any reason? ❑ Yes ❑ No If "yes," explain on a separate page. State the name of the organization debarred, the year of the event, the owner of the project, and the basis for the action. 9. In the past five years, has any claim against your firm concerning your firm's work on a project, been filed in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 10. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on a separate page identify the claim(s) by providing the project name, date of the claim, name of the claimant, the name of the entity the claim was filed against, a brief description of the nature of the claim, the court and case number, and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution.) 11. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a project, either public or private? ❑ Yes ❑ No 12. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 13. Has your firm or any of its owners, officers, or partners ever been liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate page, the person or persons convicted, the court case and number, the crimes and the year convicted. 15. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at any time during the last City of Santa Ana Street Tree Maintenance RFP 19E -60 Page 57 three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a project when one was required? ❑ Yes ❑ No 17. Has Cal -OSHA cited and assessed penalties against the contractor or its associates for any "serious," "willful' or 'repeat' violations of its safety or health regulations in the past five years? ❑ Yes ❑ No (Note: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it.) If "yes," on a separate page describe the citations, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of the project, and the amount of penalty paid, if any. State the case number and the date of any OSHAB decision. 18. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against the contractor or its associates in the past five years? ❑ Yes ❑ No (Note: If an appeal of the citation has been filed and the Appeals Board has not yet ruled, or there is a court appeal pending, you need not include information about the citation.) If "yes," on a separate page describe the citation, the party against whom the citation was made, date of citation, nature of the violation, project on which the citation was issued, owner of project, and the amount of penalty paid, if any. State the case number and date of any decision. 19. During the last five years, has there been more than one occasion in which the General contractor or its associates have been penalized or required to pay back wages for failure to comply with the federal Davis -Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," on a separate page, describe the violator, nature of each violation, name of the project, date of its completion, the public agency for which it was constructed, the number of employees who were initially underpaid and the amount of back wages and penalties that were assessed. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E -61 Page 58 EXHIBIT K CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES NONCOLLUSION AFFIDAVIT NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above noncollusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this noncollusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. State of California, County Subscribed and sworn to (or affirmed) before me on this day of 20_, by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana Street Tree Maintenance RFP 19E-62 Page 59 EXHIBIT L CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES SAMPLE ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective as a part of Policy # Issued to Countersigned by Named Insured Authorized Representative SAMPLE ONLY City of Santa Ana Street Tree Maintenance RFP 19E-63 Page 60 this endorsement form EXHIBIT M CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this X day of XXX, XXXX by and between X (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS 1. The City desires to retain a Contractor having special skill and knowledge in the field of Street Tree Maintenance Services. 2. Contractor represents that Contractor is able and willing to provide such services to the City and is licensed by the State of California to provide Street Tree Maintenance Services. 3. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional Tree Maintenance firm. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: DEFINITIONS (if any) II. TERMS AND CONDITIONS A. TERM The term of this contract shall commence the date of City Council award and approval of all insurance and bonds, and terminate MONTH, DAY, YEAR, unless earlier terminated as set forth in Section H, below. City is hereby granted an option to renew for up to 2 (two) additional 2 (two) - year periods on the terms and conditions set forth herein. Said options shall be exercised in writing at least thirty (30) days prior to the end of the initial term or any extension thereof. B. CONTINUED FUNDING In the event funding is not allocated for parking control enforcement services during the annual budget approval process, the City shall notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period, and contract shall terminate on the last day of current fiscal period without penalty or expense to the City City of Santa Ana Street Tree Maintenance RFP 19E -64 Page 61 C. COMPENSATION City agrees to pay and contractor agrees to accept as total payment for its services, the rates and charges set forth in contractor's proposal, attached hereto and incorporated by reference. The amount to be expended for services shall not exceed (dollar amount) ($ ) annually during the term of this agreement. 2. Invoices a. The contractor shall submit a monthly invoice by the fifteenth of the month to the City for the services rendered in the prior month. b. All invoices for work performed under this contract shall be submitted in a format approved by the City. Invoices shall include the following information at a minimum: I. Contractor's invoice number ii. Beginning and ending dates for services iii. City project number and /or name (if applicable) V. Work site address /location (if applicable) V. Unit cost, subtotals and total for invoice 3. Payment by City shall be made within sixty (60) days following receipt of proper invoice, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance of a professional parking control enforcement services. 4. Extra Work No new work of any kind shall be considered an extra unless a separate estimate is given for said work and the estimate is approved by the City in writing before the work is commenced. The contractor will be required to provide detailed information of such extra work. Documentation of contract compliance may be required on some occasions. Work performed prior to obtaining written approval of the City shall not be included within the Scope of Work and may not be paid. D. INDEPENDENT CONTRACTOR Contractor shall during the entire term of this contract, be construed to be an independent contractor and not an employee of the City. This contract is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the manner in which contractor performs the services required by this contract. However, the services to be provided by contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's Social Security taxes, unemployment insurance, and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. City of Santa Ana Street Tree Maintenance RFP 19E -65 Page 62 E. INSURANCE Prior to undertaking performance of work under this contract, contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of contractor's operations in the performance of this agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. A sample additional insured endorsement is attached hereto as Exhibit H. 2. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned; hired and nonowned automobiles. 3. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, contractor is required to be insured against liability for Workers' Compensation or to undertake self- insurance. Prior to commencing the performance of the work under this contract, contractor agrees to obtain and maintain any employer's liability insurance with limits not less than One Million Dollars ($1,000,000) per accident. 4. If contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than One Million Dollars ($1,000,000) per claim. 5. The following requirements apply to the insurance to be provided by contractor pursuant to this section: Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this agreement. b. Certificates of insurance shall be furnished to the City upon execution of this contract and shall be approved in form by the City Attorney. City of Santa Ana Street Tree Maintenance RFP 19E-66 Page 63 Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 6. If contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this contract. Such termination shall not affect contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. F. HOLD HARMLESS/ INDEMNIFICATION To the fullest extent permitted by law, contractor shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), which may arise from or in any manner related (directly or indirectly) to any work performed or services provided under this contract (including, without limitation, defects in workmanship and /or materials) or contractor's presence or activities conducted performing the work (including the negligent and /or willful acts, errors and /or omissions of contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require contractor to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this contract. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the contractor. G. NOTICE Any notice, tender, demand, delivery or other communication pursuant to this agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, sent by telefacsimile communication, or via e-mail to the following persons: To City: Clerk of the Council City of Santa Ana 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 Fax 714 - 647 -6956 City of Santa Ana Street Tree Maintenance RFP 19E-67 Page 64 With courtesy copy to: Public Works Agency — Maintenance Services Division Danell Mercado, Projects Manager 220 S Daisy Santa Ana, CA 92703 To Contractor: H. TERMINATION The City reserves the right to terminate the contract as follows: In the event contractor fails or refuses to timely perform any of the provisions of this agreement in the manner required, or if contractor violates any provision of this agreement, contractor shall be deemed in default. City shall provide written notice of such default to contractor's project manager. Contractor shall cure said default within a period of two (2) working days. If such cure is not completed in a timely manner, City may assess liquidated damages or terminate the agreement forthwith by giving written notice to contractor's project manager. City may, in addition to the other remedies provided in this agreement or authorized by law, terminate this agreement by giving written notice of termination. Contractor shall be responsible for all costs incurred by City, including replacement costs of equipment and labor required to provide service during contractor's default. In the event of such termination for cause, City shall pay contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. Contractor shall not be entitled to any compensation for lost profits it terminated for cause. 2. This agreement may be terminated without cause by City upon thirty (30) days written notice delivered to the contractor either personally or by mail. Upon termination, City shall pay to contractor that portion of compensation specified in the agreement that is earned and unpaid prior to the effective date of termination. 3. In addition to, or in lieu of, remedies provided in this agreement or pursuant to law, City shall have the right to withhold all or a portion of contractor's compensation for contract services if, in the judgment of the projects manager or designee, the level of service falls below appropriate standards and /or contractor fails to satisfactorily perform contract services. City shall have the right to retain funds withheld until the projects manager or designee determines that contract services are performed as well and as frequently as required by this agreement. City of Santa Ana Street Tree Maintenance RFP 19E -68 Page 65 CONTRACTOR OPTION FOR TERMINATION The contractor may request termination of the contract when conditions during the contract make it impossible to perform or when prevented from proceeding with the contract by act of God, by law or official action of a public authority or in the event on nonpayment by the City. Such request will require one - hundred eighty (180) days written notice prior to contract termination date requested. In the event of nonpayment of undisputed sums by the City, contractor shall give the City thirty (30) working days to cure the alleged breach. J. LIQUIDATED DAMAGES If the City determines that the contractor breaches its promise to provide services in compliance with the Terms and Conditions of applicable laws and regulations, and the specifications set forth above, it would be impracticable and extremely difficult to determine the damage to City arising from such breach. Therefore, in the event of contractor's breach, contractor shall pay to City the sum of $XXXper hour / per occurrence (see narrative) for such breach, in addition to any cost, fines, etc. levied against the City. K. EMPLOYMENT OPPORTUNITIES FOR SANTA ANA RESIDENTS Contractor shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the contractor of areas to publicize recruitment opportunities, such as work centers and community centers. Such effort and procedure will be provided to the City for review. L. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor shall perform all requirements under this contract in strict observance of and in compliance with all applicable environmental, traffic, safety and any other laws, regulations, ordinances, codes and any other legislative or statutory requirements. 2. Contractor warrants that the performance of services under this contract shall be compliant with the current requirements of the (particular relevant statutes and /or regulations) and as it may be amended or updated throughout the term of this contract. N. ASSIGNMENT Inasmuch as this contract is intended to secure the specialized services of contractor, contractor may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. City of Santa Ana Street Tree Maintenance RFP 19E-69 Page 66 O. JURISDICTION — VENUE This contract has been executed and delivered in the State of California and the validity, interpretation, performance and enforcement of any of the clauses of this contract shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this contract. P. FINES The contractor shall be liable for all violation fines levied against the City by federal, state, or local agencies with regulatory authority related to contractor provided services. Q. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA CARVAHALO City Attorney Bv: XXXX Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director Public Works Agency Citv of Santa Ana Street Tree Maintenance RFP DAVID CAVAZOS City Manager CONTRACTOR Tax ID# 19E -70 Page 67 EXHIBIT N CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR STREET TREE MAINTENANCE SERVICES TREE ORDINANCE NO. NS -2414 295 r� ORDINANCE NO. NS -2414 AN ORDINANCE OF THE CITY OF SANTA ANA ESTABLISHING AND PROVIDING FOR THE REGULATION OF THE PLANTING, MAINTENANCE, AND REMOVAL OF PUBLIC TREES THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS; SECTION L Findings, The City Council of the City of Santa Ana (the "City) finds, determines anddeelarme A. The City recognizes trees as avaluable asset providing a healthier and more aesthetic environment to our neighborhoods and business community. B. The City recognizes trees as economically beneficial in attracting new businesses, residents and visitors, C. Healthy trees of the right size and species, growing in the appropriate spaces enhance the value and marketability of property and promote stability of desirable neighborhoods. D. The City recogn i7c the histariaat significance *fits urban forest and the importance ofpweserving the forest with proper maintenance, removal and planting of trees. SECfLON 2. Article Vll, entitled Tree Regulations, is hereby added to Chapter 33 of the City's Municipal Code as follows: ARTICLE VII Sections: 33.181 Purpose. 33 -182 Definitions. 33 -183 Creation and Establishment of the Environmental and Transportation Advisory Committee 33 -184 Duties mid. Responsibilitiss of the Environmental and Transportation Advisory Committee 33.185 Street Tree Specics to be Planted. 33.186 Street Tree Planting Stand". 33.187 Public Tree Cue. 33.188 Site Plan Approval. 3$-189 Public Tree Pruning. 33.190 Tree Topping. Ord No. NS4414 Paa< 100 7 City of Santa Ana Street Tree Maintenance RFP 19E -71 Page 68 296 33 -191 Damaging Trees. --� 33.192 Dumping Harmful Substances on Trees. 33493 Building Materials Near Trees, Shrubs. 33 -194 Appeals, Section 33 -181 Purpose. The purpose of this ordinance is to establish policies, regulations and standards necessary to ensure that the City will continue to realize the benefits provided by its urban ferest. Section 33.182 Definitions. Unless the particularprovisions or the context otherwise requites, the definitions contained in this section shall govern the construction, meaning and application of words and phrases used in this article. (a) Median Trees means trees located in the planted strip in the center of a divided highway. (b) Parkway means the same as defined in section 36.8 of this Code. (c) Person means the same as defined in section 1 -2 of this Code. (d) Public Trees means any and all trees owned by the City and includes, but is not limited to, Median Trees and Street Trees. (a) Street Trees meanie trees located in the public right —of- way. (0 Topping mcana the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to rensove the nomlal canopy and disfigure the tree. Section 33 -183. Creation and Establishment of the Environmental and Transportation Advisory Committee. (a) On December 2, 1991, the City Council created and established under City Council Resolution No. 91 -112 the Environmental and Transportation Advisory Committee (ETAC) for the City of Santa Ana which consists of nine members, citizens, residents and business representatives of this City, who are appointed by the Mayor and City Council. (b) The rules governing membership, and the meetings and procedures of ETAC, as established. by City Council resolutions 73-149 and 88.72 shall remain unchanged. Section 33 -184. Duties and Responsibilities of the Environmental and Transportation Advisory Committee. (a) The duties of the ETAC shall consist of acting in tut advisory capacity to the City Commit in the study, review, and recommendations with regard to the removal, planting, replanting or disposition of Public Trees along City streots. ETAC shall review and make recommendations regarding requests for Public Two removal by individual property owners, neighborhood associations, or developers. Ard. No, N9 -2414 Page 2 of � City of Santa Ana Street Tree Maintenance RFP 19E-72 Page 69 297 (b) BTAC will assist in the dissemination of news and information regarding the .- protection, maintenance, removal and planting of Public Trees on public property to the City Council and citizens of the City of Santa Ana. (c) ETAC, when requested by the City Coltttoil, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of the urban forest. Section 33.185 Street Tree Species to be Planted. The following list constitutes the official Street Tree Species for the Qty of Santa Ana. Species other than those included in this list may be planted us Street Trees with consent from the Environmental and Transportation Advisory Committee. Ore. No. NS-2414 Page 3 of 7 City of Santa Ana Street Tree Maintenance RFP 19E-73 Page 70 COMMONNAME BOTANICALNAME CATEGORY Queen Palm Arecastsum (2 'la - 4 FOOT Crape Myrtle romanzofflanunt PARKWAYS) Lagasnoetnia indica CATEGORY It Australian Willow Goijera parvillom (4 —5 FOOT PARKWAYS) New Zealand Christmas Metorsiderso oxcolaus Bradford Pear Pyms; calleryanan. CATEGORY II Lavender Bloom Tabebuia ipe (4.5 FOOT PARKWAYS) CATEGORY III Peppermint Tmo Agonis flexuosa (5 — S FOOT PARKWAYS) Bottle Tree Brachychiton populncus Modesto Ash Proxima; velutina lacaranda Jacaranda mimosifolia Magnolia- Samuel Magnolia grandiflom Summers Pines canariensis Canary Island Pie Platanus accrifoha Sycamore, London Platanusracemosa Plane Quercusilox Sycamore, California Qucrcus agrifalia Oaks, Holly Tristania coaferla Oaks, Coastal Live Oak Cassia kptophylla Brishane Box Gold Medallton Tree CATEGORY T4' Camphor Trees Cimramommn camphors (S FOOT OR LARGER Tulip Tree Liriodenfron Tvlipifcm PARKWAYS) Chinese Elm Ulmus Parvifolia Ore. No. NS-2414 Page 3 of 7 City of Santa Ana Street Tree Maintenance RFP 19E-73 Page 70 I S QTIDN 3: That Sections 10.141, Damaging Trees, 10 -142, Dumping harmful substances an trees and 10 -143, Building matorials near trees, shrubs of the Santa Ana Municipal Code we hereby repeated. UX r16N 4•. That Section 33 -189, Damaging Trees, is hereby added to the Sams Ana Municipal Code as follows: Scc, 33 -189 Damaging trees, No person shall post or affix to any tree or shrub, tree stake or guard, in any street in the city, any bill, poster, placard, picture, announcement, notice, advertisement or sign, or cut, paint, print or mark any of the same upon such tree or shrub, tree stake or guard, or affix or attach in any manner any other thing whatsoever, including any guy wire or rope, to any such tree or shrub, tree stake, or guard, except for the purpose of protcanng it or other purpose authorized by this Code. Tree stakes or guards may be pLaccd around trees, shrubs or plants by property owners, provided the same am merely placed near a tree, shrub, or plant, for the purpose ofprotecting or training such trees, shrubs or plants. SECTM 15: That Section 33 -190, Dumping harmful substances on trees, is hereby added to Ole Santa Ana Municipal Code as follows: _i Sec. 33.190, Dumping harmfltl substances on trees, No person shall dump, pour or spill any oil, salt, salt water or other deleterious mattor upon any tree or tree space in any street, or maintain upon any sidewalk within ten (10) feet of any such tree or tree space on any street, any receptacle from which oil or salt water leaks or drips, or pour oil or salt water onto any parking or concrete grater, so as to injure any tree or any street. SE>„ TIi1N !k That Section 33 -191, Building materials near trees, shrubs, is'hereby added to the Santa Ana Municipal Code as follows: Sec. 33 -191. Building materials near trees, samba. No person shall pile but material, or other material, about any tree, plant or shrub in a street in any manner that will in ally way injure such tree, plant or shrub. SECT10N 7: That Section 1 -19.2 of the Santa Ana Municipal Code is hereby amended to reads as follows: 1 -18,2. Public works department authority to issue citations. The director of public works, the administrative service' manager, the enterprise coordinator, the environmental control supervisor, the maintenance services manager and all sanitation inspectors have the duty to enforce the provisions of sections 164 through 16.4, 16-30,16-31, 16-33 j through 16-37.5, 16-39 and 16 -48 of this Code, the director of public works, the maintenance Ord. No, NS -2414 Page 5 of 7 City of Santa Ana Street Tree Maintenance RFP 19E -74 Page 71 299 Soo services manager and the troo mamlonance supervisor have the duty to enforce the provisions of section 33. 188, 33 -189 through 33 -191 and L6.48 of this Code; and the director ofpublic works, the water resources manager, the utility inspector and the water meter repairers have the duty to enforce the provisions of sections 39 -26, 39 -33 and 39.106 through 39 -111 of this Code and the director of public works, the engineering services manager, senior civil engineer, associate engineers, assistant engineers and the construction inspectors have the duty to enforce the provisions of Arliele N of Chapter 18 of this Code. The above - listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in Weir Presence, in any case in which a person is arrested pursuant to this section and the person . arrested does not demand to be taken before a magistrate, said officer or employee making the ar eat shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5 C, Title In, of part 2 of the Penal Code of the State of California (commencing with Section 853.6). SECTION 8. Severabihty. The City Council or the City of Santa Ana hereby declares that should any section, paragraph, sentence or work of this ordinance or the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination hero from of any such portion as may be declared. ADOPTEDthis 24thdayof December 1999 . ATTEST: Z� JanyC. Croy Clerk of We Council COUNCILMEMEER& Pulido _ Lutz save Bist - Aye Christy AN Franklin Mayo McGuigan Aye Moreno Absent Ord. No. NS -2414 Page 6 of .�4� Mi A, pull o M r APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ftyT i Tam A Tro n Asai n City At orney City of Santa Ana Street Tree Maintenance RFP 19E-75 Page 72 301 rr CERTIFICATE OF ORIGINALITY & PURUCATION 1, IANICE C, M, Clerk of the Council, do hereby certify the attached Ordinance No. �y(H to be the original ordinance adopted by the City Connell of the City of Santa Ana on ,, ,ao and that said ordinance was pith islsed in accordance with the Charter of the City of Sant Ana. Date: r,3—? 8. y r:.GC. Clor1tho Council City of Santa Ana ord. No. NS-2414 Page 7 01`7 City of Santa Ana Street Tree Maintenance RFP 19E-76 Page 73 Attachment 1 City of Santa Ana Attachment 1 City of Santa Ana Street Tree Maintenance RFP 19E-77 Page 74 N _0 0.0 mke Attachment 2 i v E Y A-.:.iai v GRANT ELEM . ..J F 1 wxwfm F .. I, -E _ 1 fl. 1 E YIi {v 1 1 1'• i I _ I r RNEm GIE4MVfW G68FM1v AV velL �O E3 dE9r a ( r r.E ar xvxnE sr _ I WALKER ELEM M III IT I IT RODS -' ArcEx v _ 0. a I � V.iCAM SRn. � I ` MC F�ttEx �V 4LFMCFN.V ,rSHSPECQ3 ❑ IAV9NOFRTRIAIPEf TPFF. U CM@ Ri E ('R.rPE MIRrw ❑ DE. ARCLDAR ■ ACARANDA Eastside Neighborhood Page 1 of 8 � IlpA 3PEC16 PA1 N SPEClL4 PINP.SRiQQ SYC- MfORCSPECIOR City of Santa Ana Street Tree Maintenance RFP 19E -78 Page 75 -� --------al 1 F .'A -R.1 wr ✓e4�vWm"amc.y��� m eye nvvxuay.�nanv�..�n�.npmwem vaeyrnx. J MAN T1 I � I � Sn. . RW�pSp I I - ■ x3H3P� ■ PRISMNE B(IX ■ oxoxre uxlvni ® MIPHORTRB': ■ cnxxmwuoo ■ C'AAVLUMTI£ DAI SPGG S p ]aclrznimn hFY21]M�) Madison Park Neighborhood Page 2 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -79 11 1 1 I " �Ia �L J Page 76 M ELEM ELEM Fi Y �L J Page 76 W. TLa 31aac MOQ EwlM PMk NeleDborhoodmlu no mp 4 oo Ne Ramvwmdee Tree sp«wo la ma EMXdg mw,orLQnooe.a .o,dueO.n o:d lkp.Lapdems wMmiEdeeQa�ewu}e�p«;gaaY sQaearm�Q�e�- _ eQO Lre LD dMre [ 4 e F S F S i I F l 1 3 2. UUn,drlbw+R+ - 3.Tr2OWWe ru Q iNERWWDLX ;r 4. N*.,MJh -a m 4 4! F 9 9 9 [ 1 1 1 i 04. O'�'6 3. FlmnedertbpmmtPYw $ -. '' 'F 'Yly �0 Allgq «6aherevlmM1Ogo(hesme�typeM1.mys QdMngldoGsry v z - - .. -._ - f rcgwesuzPw�nggnpum�meHCQm .aQmwexLaeu«s «. � Q ! F a [ ! F : i 9 ! i ! : ! � '0 '(L tim blPwsm etTi0.6a ).nwws�ri,p «ivappmvdgiamadc. u °� ingEmi � ^ FAIgBROq(LN >r ; ® AUSTRAWANWUWW ® CAMPHOR'IRNE JEE9WGE ❑ CAPECHESTNUf ® CRAPEMYRTLE - CORWGPN AV a. ,T I a_ 'a MOrtisgn, ® INDIANIAURELPIG ® JACARANDA ,. N rk PALM SPECIES rc� en fm SgERwmlRJ�' � - (7 reEAIURY Ll1 w.... °® MEMORY UI m a <N LL PARK LF. _ PARMLR 4- Y!iF_ Morrison Eldridge Park Neighborhood , Page 3 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -80 Page 77 WARNERAV j1 Moro sT i 9 I1' d'i I A A11il x IIr HALL AV 0 7 � o� { a — m 7 D V YCR _ O, n e �v 1 CEMRAL AV q t � _ ADA ST L 1 �I A MANNAV ROWLAND AV p SEGERSTRCM AV Th�smcp iM1OVSNe &viomnedd Trce:fttxs [x Nanind `Jnaoof NndFDmhmtl. Hcw- c,duebmxmaxdeveytmmtupd+res sN abvl fieldcmdNVe Ne:peaamry lmge. 9amealNexrndlmsue. t. o..mma whA E. DemgEelhna6s J.Tm weY ehe �. Partw.y MrW f. Awce devebpmmt Pbns All yvgwhmMreplmlmgotb + s incirypnwayx x�i/unytcnfxey myis Ne ptming DryvYnNm(bactlabmrtsalAe]1ee 5FYS Spmi�melil4ta]�SIYI W firul y�eecioypmvelpnmb Wmngtres L., I BRJSBANEBOX CANMHORTREE Z ROWIAND AV r I J� s CARRGTWDGD 71406K N1Y1 w©+ JACARANDA R AIA IA Id r l.... F tSAN LORENZO AV u�.. 0AKSPECI6 Q"CHANDL� � . AO SEGERSTROM AV ❑ PPARSPE= E PBMESPECTES 0 VACANP SrPE ❑ NONORKMSTORY Morning Sunwood Neighborhood Page 4 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -81 Page 78 i ' s F f !r i1iiii III if i I!!II I I II 11 wrtecvu yAtrAV ] Y 1 l 111 1 — - 6 — s U- [fill � r _ � MEIOF2M 1 u.1..1....11 a 1 .. 1 1 1114111111:1111 t ! I 1 1 1 1 1— ■ AAIQtICAN SWEEPGIHN ■ CRAPE AIYR'f1E ® PP SPECIES tree! Tme Master a'vema Mei bt,,, mE ■ BRffiBANE BOR Q ELM SPECIE ■ SOVEF7EItN MAGNOIIA Y4Itl: i6.q LmM Pemma4tlT�esr<¢iEV Pnnnn NC ®hhvl mmc. iecwvwmle�rgen�up6nc4aW 6vurwv'.es m.a ®. :q.sms s�.ie�mmmde.. i a.ri.ea ® CA.MPHORI ® JACARANDA ® SYCAMOREvP i. M1uyl Nu4+ ), iezNM l NbgeW S itiv. d.bgvy♦u . ,awm,.e�s fm == ow�,.�m: e�. =i..,R carE CJiFSnvlrr ■ OA SiwIu; ®rDlsrRtE aue.�v .ctaa =� a�ert�e ww,en.uiannm,�a a� mF�a ry. *a.mmc�� ■ CAU(YnV00D ■ PA SPECIL4 �yxen:. "t' Riverview Neighborhood OW Page 5 of 8 P-'qh ' City of Santa Ana Street Tree Maintenance RFP 19E -82 Page 79 0 ASHSPECffB ® AUSTRAUANWR].OW Q BRAZRIAN PEPPHt � BRISBAN6DOz E CARROTWOOD E SPMO ❑ JACARANDA [AVEN TRUMPETTRR6 E] DAKSPEC Cl PEARSPECffS 0 PMBSPEC 0 F. L SPta:IFB 0 SOUfF®INMAC.NoI ® SYCAAfORESPEC&& Sbvve Tree H -Wr Smn. Mir xmlmwm.nmma mtu: n.wa...mr xr®mmnam.sw«. m,smmm�. x�Ho.. bdpmm�WrezdmuY (mH rmWmr6e mam mp Jnp Smeelneevm4fm�m Pm-emtry 1/ u�+ewz 11I/ a pubp VYh _ I 1 aFn.mmen+urNo 111 rAP. vrmm nmr0�aertrtvmep mrn.,rman.npwRm,�m _ amaa. Pmbrn .amr..o.m.nrm mma�nrmrzrmmay =. e _ `�__ ..aa. e.rmanmm svmrar�nrm.nenvurm -�ni 3 fffYYY �! C II ❑ NO WORK WSTORY Santa Anita Neighborhood Page 6 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -83 Page 80 ,i; 'I7 A r h � w i OC DEPT. OF -- EDUCATION - w O ^I n 7F71 77-� N 3W a 17TH ST �Ra a - _. -w- by m 10TH AT 10TH a — e 8 -- HEROES ELEM A A A 6; A A _ CMCCENTER DR -- - - AMHRICANSWEEIGUM 0 OARSPHOM ❑ SYGMORE BPBCIILS EaRtl•.m��H. vµ °° %.gym rn wmeve.e.mn.ra ASHSPHI=, PAUISPBC0 TUWPTRLH awew,e.w.��ei rnv.a=mM. °rnm.rr.w°mr.. OC DEPT. OF -- EDUCATION - w O ^I n 7F71 77-� N 3W a Page 7 of 8 ^a1 M City of Santa Ana Street Tree Maintenance RFP 19E -84 Page 81 - _. -w- by m 10TH AT 10TH -- HEROES ELEM A A A 6; A A _ CMCCENTER DR -- - - AMHRICANSWEEIGUM 0 OARSPHOM ❑ SYGMORE BPBCIILS EaRtl•.m��H. vµ °° %.gym rn wmeve.e.mn.ra ASHSPHI=, PAUISPBC0 TUWPTRLH awew,e.w.��ei rnv.a=mM. °rnm.rr.w°mr.. ® CAROB ® PHARSPECHE VACANTSITE . h ®v+amme. CARRO'IYVOOO PORB.mCIHS ❑ NO WORRMSTORV e n b�mue mme•� N•r ..wrMUfwrr. � CRAPE MYRTIE SOVPHERN MAGNO(JA maa¢.mmR n. rm rmvib. n.e e.<m.sw =. vvreiv.el.rllo III 4nJ mR.in pn.J nnnr n.h.invoen 7Wi t` Washington Square Neighborhood �c Page 7 of 8 ^a1 M City of Santa Ana Street Tree Maintenance RFP 19E -84 Page 81 MC FADDEN AV A E LATHROP INT Sheet Tree Hester Wlshin Sbuen NeibM1 M1betl mMe: lWtmq 6mvsHeMm ®MTrte$etinnr WJbrt Syae N¢jr bubod lbammdsbwmmm hrcl;mmrpt dvaW fiJJ rrmtierAe 9aarrmydye 9m.e[du[WUmaee L O mdeN z. teyzez...�a 1. nmemre e. nzeW qum 1. McJrrirye —pbm Mpojeu Wep�mBe ftlettb[iypYVp.alban/.ro(myrt- a�•.m. worm upmmmr,acoom[m.m.®mnar s¢wosq¢- nmrw]144 tlllOGrfmJ q¢in qpm W pwmvNemga¢ E ASHSPE ® CALffORMA PEPPER ® CAROB CARR AWD � CRAPE MYRTLE Q DEODAR CEDAR s' Wilshire Square Neighborhood ® JACARANDA ® SYCAMORE SPEM OAESPE= QUEEN PALM VACA SM Page 8 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -85 Page 82 F- pm — — g — — � v VALSHRE AV r 6 ® m m an r .ST. ANNES r. i EWiCHWOAV r — RORCHgIp AV r 1 4 – v e SO W: r� o "-- EDMGER AV - Sheet Tree Hester Wlshin Sbuen NeibM1 M1betl mMe: lWtmq 6mvsHeMm ®MTrte$etinnr WJbrt Syae N¢jr bubod lbammdsbwmmm hrcl;mmrpt dvaW fiJJ rrmtierAe 9aarrmydye 9m.e[du[WUmaee L O mdeN z. teyzez...�a 1. nmemre e. nzeW qum 1. McJrrirye —pbm Mpojeu Wep�mBe ftlettb[iypYVp.alban/.ro(myrt- a�•.m. worm upmmmr,acoom[m.m.®mnar s¢wosq¢- nmrw]144 tlllOGrfmJ q¢in qpm W pwmvNemga¢ E ASHSPE ® CALffORMA PEPPER ® CAROB CARR AWD � CRAPE MYRTLE Q DEODAR CEDAR s' Wilshire Square Neighborhood ® JACARANDA ® SYCAMORE SPEM OAESPE= QUEEN PALM VACA SM Page 8 of 8 City of Santa Ana Street Tree Maintenance RFP 19E -85 Page 82 Tree Dept. Sections with Street Sweeping Routes -Leaf Season N rth for den Attachment 3 — Monday AM Rorie o Tuesday AM Route — Wednesday AM Route — Thursday AM Route Friday AM Route Monday PM Route — Wedresday PM Rare w Thursday PM Rorie Friday PM Route Page 1 of 4 City of Santa Ana Street Tree Maintenance RFP c 19E -86 Page 83 Tree Dept. Sections with Street Sweeping Routes -Leaf Season U Page 2 of 4 City of Santa Ana Street Tree Maintenance RFP 19E -87 Wage 84 � YaWry W Rwa W� TunGN W PaiY � N�mu4y W PaV � �TMWaYW Ibb �FrvNryW Pau W� WWryPYRM xeD TuWaIRIRM � WNefry FY RmY � 1haWryPYPab O FiGryPYPM Page 2 of 4 City of Santa Ana Street Tree Maintenance RFP 19E -87 Wage 84 Tree Dept. Sections with Street Sweeping Routes -Leaf Season — Monday AM Route — Tuesday AM Route e—e Wednesday AM Route Thursday AM Route Friday AM Route e—s Monday PM Route w Tuesday PM Route Wednesday PM Roue — Thursday PM Route — Friday PM Route Page 3 of 4 City of Santa Ana Street Tree Maintenance RFP 19E -88 Page 85 Tree Dept. Sections with Street Sweeping Routes -Leaf Season Page 4 of 4 City of Santa Ana Street Tree Maintenance RFP 19E -89 Page 86 ME Use ua NoRh Ods for ( McFaddm E1 eee� Monday AM Route ® Tuesday AM Route eeeen Wedresday AM Route Thursday AM Route Friday AM Route eeeer Monday PM Route Tuesday PM Route eeee� Wednesday PM Route eeee� Thursday PM Route eeee Fnday PM Route M( 19E -90 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2016 TITLE: AWARD CONTRACT FOR CONSTRUCTION OF TRAFFIC SIGNAL AT RAITT & ADAMS, AND CLASS 11 BIKE LANES ON NEWHOPE STREET AND FIRST STREET (PROJECTS 126761, 146814, & 146818) (STRATEGIC PLAN NO. 6, 1, B & G) CITY MAty GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve an appropriation adjustment recognizing $110,700 in Bicycle Transportation Account grant funds into the Select Street Construction revenue account and appropriating the same to the Select Street Construction Expenditure account. 2. Award a contract to California Professional Engineering, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $684,671 for the construction of a traffic signal at Raitt Street and Adams Street; a Class II bike lane on First Street from Newhope Street to Harbor Boulevard; and a Class II bike lane on Newhope Street from Westminster Avenue to Fifth Street. 3. Approve the Project Cost Analysis for a total estimated project delivery cost of $855,800. DISCUSSION The recommended actions are needed for the City to proceed with construction of a new traffic signal at the intersection of Raitt Street and Adams Street, and Class II bike lanes on First Street and on Newhope Street in accordance with the Bikeway Master Plan. The new traffic signal at Raitt Street and Adams Street (Project 12 -6761) includes dedicated left turn lanes. Class II bike lanes will be installed on First Street from Newhope Street to Harbor Boulevard (Project 14- 6814), and on Newhope Street from Westminster Avenue to Fifth Street (Project 14 -6818) (Exhibit 1). Once completed, these improvements will help to improve mobility and safety of bicyclists and pedestrians, while also accommodating traffic flow. Funds for the traffic signal and bike- related improvements in the amount of $745,100 were originally budgeted in the FY 2011 -12, FY 2013 -14, and FY 2014 -15 Council- approved Capital Improvement Programs (CIPs). When it was determined that additional pavement work would be needed, staff submitted an application for Bicycle Transportation Account (BTA) funding. These 23A -1 Contract Award For Traffic Signal at Raitt /Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 2 State funds are provided for eligible projects that improve safety and convenience for bicycle commuters. The BTA application was accepted and the City was awarded $110,700 (Exhibit 3). The added funding will be used to provide for a smooth Class II bike lane on First Street between Newhope Street and Harbor Boulevard. The following table summarizes the available funds and proposed expenditures for this project: Available f=unds Prior Years & Current CIP $745,100 (various sources) BTA (Newly Added Amount) $110,700 Total Available $855,800 Proposed Expenditures $855,800 Project Cost Analysis In addition to the BTA grant, project funding from the prior year CIPs include Bicycle Corridor Improvement Program (BCIP) funds, Highway Safety Improvement Program (HSIP) funds, and Measure M2 funds. A Notice Inviting Bids was advertised on January 14 and 15, 2015, and bids were opened on February 4, 2015. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 13 Contractors requesting bidding documents 13 Bids received 4 Bids received from Santa Ana contractors 0 23A -2 Contract Award For Traffic Signal at Raitt /Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 3 Bid Results Summary RANK BIDDER'S NAME LOCATION BID 1 California Professional Engineering La Puente $684,671 2 Elecnor Belco Electric, Inc. Chino $717,185 3 Select Electric, Inc. Poway $740,000 NR VT Electric, Inc. Ontario $614,623 A total of four bids were received, with the initial apparent low bidder requesting relief of their bid due to a major clerical error, rendering the bid nonresponsive (NR). The error was in the asphalt unit price; the bid reflected a unit price $15 per ton, whereas the unit price should have been $150 per ton. Staff reviewed the request and deemed it reasonable, since the other competitive bidders' unit prices ranged from $176 to $282 per ton. The Public Contract Code Section 5103 allows a bidder to be disallowed based on this type of error in their bid. A review of the remaining bids determined that California Professional Engineering submitted the lowest responsive bid in the amount of $684,671, which is consistent with the engineer's estimate of $641,480. Therefore, staff recommends award of this contract to California Professional Engineering. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, park facilities, bike master plan, etc.). In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2011 -79, 2012 -35 and 2012 -38 were filed for this project. FISCAL IMPACT The Project Cost Analysis has estimated project expenditures to be $855,800, which includes the construction contract, construction administration and inspection, as well as contingencies. Bicycle Transportation Account grant funds in the amount of $110,700 will be deposited into the 23A -3 Contract Award For Traffic Signal at Raitt /Adams & Bike Lanes on Newhope and First Streets March 17, 2015 Page 4 Select Street Construction revenue account (05917002- 52025) and appropriated into the Select Street Construction Expenditure account (05917660- 66220) for Project 14 -6818. Sufficient funding for the remaining $745,100 in project costs is available in the following project accounts: Project Account 12 -6761 03217662 -66220 - Measure M2 Local Fair Share 05917660 -66220 - Select Street Construction Fund 05917663 -66220 - Traffic Congestion Relief Fund HUT 2013 14 -6814 03217662 -66220 - Measure M2 Local Fair Share 05917660 -66220 - Select Street Construction Fund 14 -6818 03217662 -66220 - Measure M2 Local Fair Share 05917660 -66220 - Select Street Construction Fund Public Works Agency FM /EWG /ET Exhibits: 1. Location Map 2. Cost Analysis 3. BTA Grant Award Notification 4. Construction Contract APPROVED AS TO FUNDS AND ACCOUNTS: w_A Francisco Gutierrez Executive Director Finance & Management Services Agency 23A -4 Sd TAm fmmrmmn City Council PWA Agenda Date I Project No. 12 -6758: Traffic Signal at Raitt Street/Adams Street Project No. 14 -6814: Class 11 Bike Lane on First St. I VMarch 3. 2015 Project No. 14 -6818: Class 11 Bike Lane on Newhope St- EXHIBIT 1 23A -5 23A -6 COST ANALYSIS PROJECT NOS. 12-6758,14-6814 & 14 -6818: TRAFFIC SIGNAL AT RAITT STREEVADAMS STREET; CLASS II BIKE LANES ON FIRST STREET AND CLASS II BIKE LANCE ON NEWHOPE STREET Exhibit 2 23A -7 23A -8 MTE OF O —BU NE59 N PORTA TU)N AND HQUWq AGENCY DEPARTME NT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P.O. Box 942874, MS-83 SACRAMENTO, CA 94274 -0001 PHONE (916) 653 -0036 FAX (916) 654 -6826 TTY 711 w .dot.ca.gov October 23, 2012 City of Santa Ana, Zed Kekula Senior Civil Engineer 20 Civic Center Plaza Santa Ana, CA 92701 Dear Mr. Zed Kekula, Congratulations! Ble ,Erpwsr! Bewr.,gy ode,E! The following project has been approved for 2012 -13 Bicycle Transportation Account (BTA) funding. BTA 1213.12- ORA -04 First Street Class II Bikeway BTA awards now provide recipients with up to six years (through 2018) to complete projects. Recipients have one year to allocate (7/l/2012-6/3012013), and up to five years (7/1/2012- 6/30/2018) to encumber and liquidate the funds, Final invoices are due 4/1 /2018 with funds lapsing 6130/2018. This change in legislation provides local agencies plenty of time to complete projects, avoiding the need for cooperative work agreements or time extensions, Please note as stated in the application in order for the funds to be encumbered you must provide the longitude and latitude of your project along with the two signed original agreements. Early completion of projects is encouraged. Attached is the Local Agency— State Agreement (Agreement) for the approved project. This document identifies important dates for awarding contracts, submitting invoices and completing projects, Please abide by the terms of the Agreement to ensure your agency is reimbursed for the full award amount. Please see the BTA web pages for more detailed information on BTA allowable charges and invoicing instructions at: http: / /www. dot. ca.,ro v /ho /Loca ]Programs /l)ta /btawebPage.htm. After reviewing the Agreement, please print two copies, sign, and mail both to the address below by November 28, 2012. Once the Agreement has been fiilly executed, I will send an original to you for your racords. You will then be able to submit invoices for reimbursement. When inquiring about the project, always include the BTA number found on the upper right of the first page of Agreement. "Calnprev Mp'oV vmobilh, across Cam,nm EXHIBIT 3 23A -9 Senior Civil Engineer, Zed Kekula October 23, 2012 Page 2 Mail two signed originals along with the longitude and latitude by November 28, 2012 to: Deborah Lynch Bicycle Facilities Unit, MS -83 Division of Local Assistance California Department of Transportation P. O. Box 942874 Sacramento, CA 94274 -0001 The District Local Assistance Engineer (DLAE) for your agency is your first contact on questions regarding the project. The DLAE can help your agency ensure the project is constructed to standards required for bicycle transportation projects. The DLAE can also help with solutions if unexpected problems arise. The Division of Local Assistance website has a list of DLAEs and contact information at: httT)://www .dotca.gov/hci/LocalPrograms!dlae.htm . I am your contact for the BTA in Headquarters and can be reached by phone at (916) 653 -0036 or e-mail at deborah Ivttch(adot.ca.g_ov. Again, congratulations on receiving a BTA award for an excellent project and submitting a well - prepared application. Sincerely, DEBORAH LYNCH Bicycle Program Coordinator Division of Local Assistance Attachment: cc: Caltrans District Local Assistance Engineers (DLAEs) Caltrans District Local Assistance BTA Coordinators "Calimu impmru mbifity rc CaUfoMa" 23A -10 A- 2012 -223 LOCAL AGENCY - STATE AGREEMENT For BICYCLE TRANSPORTATION ACCOUNT PROJECT _ 12 City of Santa Ana Agreement No BTA 12/13- 12- OT2A -04 District Local Agency THIS AGREEMENT, made in duplicate entered into effect as of this I st day of July 2012, by and between the political entity identified above, a political subdivision of the State of California, hereinafter referred to as "LOCAL AGENCY ", and the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and together referred to as "PARTIES" or individually as a "PARTY ". WITNESSETH: WHEREAS, under the provisions of Streets and Highways Code Section 2106 (b) and Sections 890 through 894.2, as implemented by regulations in Title 21, Division 2, Chapter 10, of the California Code of Regulations, Bicycle Transportation Account funds (herein referred to as STATE FUNDS) have been allocated to LOCAL AGENCY for the Bicycle Transportation Account project defined in "EXHIBIT A" attached hereto and hereafter referred to as "PROJECT'; and Whereas, before STATE FUNDS will be made available for PROJECT, LOCAL AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the LOCAL AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility. NOW THEREFORE, the PARTIES agree as follows ARTICLE I - Project Administration L This AGREEMENT shall have no force or effect with respect to PROJECT unless and until it has been fully executed by both STATE and LOCAL AGENCY, 2. EXHIBIT A designates the patty responsible for implementing PROJECT, type of work, and location of PROJECT. 3. LOCAL AGENCY agrees to execute and return AGREEMENT within ninety (90) days of receipt. The PARTIES agree that STATE may void AGREEMENT if not returned within the ninety (90) day period unless otherwise agreed by STATE in writing. 4. LOCAL AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in EXHIBIT A, to comply with the terms and conditions of this AGREEMENT. 23A -11 5. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of the executed AGREEMENT. 6. Projects allocated with STATE FUNDS from the Bicycle Transportation Account (BTA) will be administered in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 7. LOCAL AGENCY shall provide or arrange for adequate supervision and inspection of PROJECT. While consultants may perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer, LOCAL AGENCY shall provide a full -time employee to be in responsible charge of PROJECT. 8. LOCAL AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts. 9. The cost of maintenance, security, or protection performed by LOCAL AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT. 10. LOCAL AGENCY shall design and construct PROJECT in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 11. LOCAL AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA. 12. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. LOCAL AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM attached hereto as Exhibit B and further agrees that any agreement entered into by LOCAL AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit B (with third party's name replacing LOCAL AGENCY) as parts of such agreement. 13. LOCAL AGENCY shall include in all subcontracts awarded when applicable, a clause that requires each subcontractor to comply with California Labor Code requirement that all workers employed on public works aspects of any project (as defined in California Labor Code §1720 -1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the - LOCAL A— GXE -CY;.— - - - -- -- 23A -12 ARTICLE II - Rights of Way 1. No contract for the construction of PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, LOCAL AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights of way are available for constriction purposes or will be available by the time of award of the construction contract. 2. The furnishing of right of way by LOCAL AGENCY as provided for herein includes, and is limited to, the following: a) Expenditures to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by LOCAL AGENCY. b) The cost of furnishing of right of way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners or remainder real property not actually taken but injuriously affected by PROJECT. c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code Sections 7260 -7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization. d) The cost of demolition and/or the sale of all improvements on the right of way after credit are recorded for sale proceeds used to offset PROJECT costs. e) The cost of unavoidable utility relocation, protection, or removal. f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which LOCAL AGENCY accepts responsibility and where the actual generator cannot be identified and recovery made. 3. LOCAL AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right of way for PROJECT, including, but not limited to, being clear as certified, or if said right of way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with federal and state laws. LOCAL AGENCY shall pay from its own non - matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights of way were not available to LOCAL AGENCY for the orderly prosecution of PROJECT work. 23A -13 4. If PROJECT is not on STATE-owned right of way, PROJECT shall be designed and constructed in accordance with Chapter 1000, Bikeway Planning and Design of the Highway Design Manual that describes minimum statewide design standards for bikeways and roads where bicycle travel is permitted and the California Manual on Uniform Traffic Control Devices that describes the uniform standards and specifications for all official traffic control devices. 5. If PROJECT involves work within or partially within STATE -owned right of way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual, Highway Design Manual, and California Manual on Uniform Traffic Control Devices and where appropriate, an executed cooperative agreement between STATE and LOCAL AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. LOCAL AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE right of way or work which affects STATE facilities. ARTICLE III - Engineering 1. LOCAL AGENCY eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS &E), advertising for bids, awarding of a contract and project development contract administration. 2. LOCAL AGENCY eligible costs for construction engineering includes actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities. 3. Preliminary and construction engineering costs included in the estimate contained in Exhibit A are eligible project costs. STATE reimbursement to LOCAL AGENCY will be on the basis of the actual cost thereof to LOCAL AGENCY including compensation and expense of personnel working on PROJECT, required materials, and automotive expense provided, however, LOCAL AGENCY shall contribute its general administrative and overhead expense. 4. LOCAL AGENCY employees or its subcontractor engineering consultant shall be responsible for all PROJECT engineering work. 5. LOCAL AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS &E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT. 23A -14 6. LOCAL AGENCY shall certify compliance or documentation of Categorical Exemption determination with the applicable provisions of the California Environmental Quality Act (CEQA) as defined in Title 14, California Code of Regulations, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act. ARTICLE IV - Maintenance and Management L LOCAL AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, LOCAL AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity. 2. Upon LOCAL AGENCY acceptance of the completed construction contract, or upon the contractor(s) being relieved of the responsibility for maintaining and protecting PROJECT, LOCAL AGENCY will be responsible for the maintenance, ownership, liability, and expense thereof for PROJECT in a manner satisfactory to the authorized representative of STATE, and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of LOCAL AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, LOCAL AGENCY will be responsible for all PROJECT operations, maintenance; ownership and liability in a manner satisfactory to the authorized representative of the STATE. 3. PROJECT and its facilities shall be maintained by an adequate and well- trained staff of engineers and/or such other professionals and technicians, as PROJECT reasonably requires. Said operations and maintenance staff may be employees of LOCAL AGENCY, another unit of government, or contractor under agreement with LOCAL AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the completed PROJECT improvements. ARTICLE V - Fiscal Provisions 1. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT. 2. STATE shall have the right to terminate this AGREEMENT if a contract for construction of PROJECT has not been awarded by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated. 3, STATE shall have the right to terminate this AGREEMENT if PROJECT costs have not been invoiced by LOCAL AGENCY within the first fiscal year in which STATE FUNDS are allocated, and as a minimum, to submit invoices at least once every six (6) months thereafter. 23A -15 4. LOCAL AGENCY may submit signed invoices in arrears for reimbursement of allowable PROJECT costs on a monthly or quarterly progress basis once the AGREEMENT has been executed by STATE. 5. LOCAL AGENCY agrees to submit a status report within thirty (30) days upon STATE'S request for the report. The PARTIES agree that STATE may void AGREEMENT if the status report is not retained within the thirty (30) day period unless otherwise agreed by STATE in writing. 6. LOCAL AGENCY agrees to complete PROJECT and submit a final invoice by April 1, 2018. STATE shall pay to LOCAL AGENCY the STATE FUNDS share of the actual cost of the PROJECT prior to June 30, 2018, the expiration date of STATE FUNDS included in this PROJECT. 7. Invoices shall be submitted on LOCAL AGENCY letterhead that includes the address of LOCAL AGENCY and shall be formatted in accordance with the current Bicycle Transportation Account (BTA) Guidelines, as adopted or amended, and in accordance with Chapter 21, "Bicycle Transportation Account (BTA)" of the Local Assistance Program Guidelines (LAPG) published by STATE. 8. Invoices must have at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by LOCAL AGENCY. All costs charged to this AGREEMENT by LOCAL AGENCY shall be costs allowable under the California Bicycle Transportation Act. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of canceled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. 9. Payments to LOCAL AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by LOCAL AGENCY. 10. State will withhold ten (10) percent of the total of all STATE FUNDS for each progress invoice until LOCAL AGENCY submits the final invoice. 11. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, the required matching funds, and the ratio of STATE FUNDS to LOCAL AGENCY funds may not be adjusted to cover PROJECT cost increases. LOCAL AGENCY agrees that any increases in PROJECT cost must be defrayed with LOCAL AGENCY'S own funds. 12. LOCAL AGENCY shall use its own non -STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make a final determination of LOCAL AGENCY cost eligibility for STATE FUNDED financing with respect to claimed - - -- PROJECT - costs. — - -- - - - - -- -------- - - - - -- 23A -16 13. STATE FUNDS encumbered for PROJECT are available for liquidation only for three (3) years from the beginning of the State Fiscal Year in which the funds were appropriated in the State Budget. STATE FUNDS not liquidated within this period will be reverted unless a Cooperative Work Agreement (CWA) is submitted by LOCAL AGENCY and approved by the California Department of Finance in accordance with Government Code Section 16304. 14. The estimated costs of PROJECT are shown in EXHIBIT A. LOCAL AGENCY may, at its option, award contracts for amounts in excess of said estimates, and final project expenditures may exceed said estimates if sufficient local funds are available to finance the excess. It is understood that the allocation of STATE FUNDS shall not exceed that shown in EXHIBIT A. 15. In the event LOCAL AGENCY'S final costs of PROJECT are less than said estimate by reason of low bid or otherwise, the allocation of STATE FUNDS will be decreased in relationship to the percent funded by STATE as shown in EXHIBIT A. 16. Exhibit C defined as the "Certification of State Funding" template, shall be made a part of, and completed by STATE, prior to execution of this agreement. 17. Upon written demand by STATE, any overpayment to LOCAL AGENCY of amounts invoiced to STATE shall be returned to STATE. ARTICLE VI - Audits, Third Party Contracting, Records Retention and Reports 1, STATE reserves the right to conduct technical and financial audits of PROJECT work and records when determined to be necessary or appropriate and LOCAL AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article VI. 1 LOCAL AGENCY, its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred PROJECT costs and matching funds by line item for the PROJECT. The accounting system of LOCAL AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles; enable the determination of incurred costs at interim points of completion; and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE. 3. For the purpose of determining compliance with Title 21, California Code of Regulations, Chapter 21, section 2500 at seq., when applicable, and other matters connected with the performance and costs of LOCAL AGENCY'S contracts with third parties pursuant to Government Code Section 8546.7, LOCAL AGENCY, LOCAL AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited 23A -17 to, the costs of administering those various contracts. All of the above - referenced parties shall make such AGREEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of final payment to LOCAL AGENCY. STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, shall each have access to any books, records, and documents that are pertinent to a PROJECT for audits, examinations, excerpts, and transactions and LOCAL AGENCY shall furnish copies thereof if requested. 4. Any subcontract entered into by LOCAL AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article V, FISCAL PROVISIONS, and this ARTICLE VI, AUDITS, THIRD -PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third -party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors. 5. To be eligible for local match credit, LOCAL AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE V in the same manner that is required of all other PROJECT expenditures. 6. In addition to the above, the pre-award requirements of third -party contractor /consultants with LOCAL AGENCY should be consistent with LOCAL ASSISTANCE PROCEDURES. ARTICLE VII - Miscellaneous Provisions I. LOCAL AGENCY agrees to use all PROJECT funds reimbursed hereunder only for Bicycle Transportation Account purposes that are in conformance with Streets and Highways Code Sections 890 through 894.2 and other applicable California laws. 2. LOCAL AGENCY shall conform to all applicable state and federal statutes and Local Assistance Program Guidelines (LPGL) and Local Assistance Procedures Manual (LAPM) as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT. 3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, terms, or funding of this AGREEMENT in any manner. 4. Minor changes may be made in the PROJECT as described in Exhibit A upon notice to STATE. No major change, however, may be made to said PROJECT except pursuant to an amendment to this agreement duly executed by STATE and LOCAL AGENCY. 23A -18 5. LOCAL AGENCY and the officers and employees of LOCAL AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees, or agents of STATE. 6. LOCAL AGENCY certifies that neither LOCAL AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and LOCAL AGENCY agrees that it will notify STATE immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT. 7. LOCAL AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by LOCAL AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE'S discretion, to deduct from the price of PROJECT, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code, section 10296, LOCAL AGENCY hereby certifies under penalty of perjury that no more than one final unacceptable finding of contempt of court by a federal court has been issued against LOCAL AGENCY within the immediate preceding two (2) year period because of LOCAL AGENCY'S failure to comply with an order of a federal court that orders LOCAL AGENCY to comply with an order of the National Labor Relations Board. 9. LOCAL AGENCY shall disclose any financial, business or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT. LOCAL AGENCY shall also list current contractors who may have a financial interest in the outcome of PROJECT undertaken pursuant to this AGREEMENT. 10. LOCAL AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of PROJECT initiated under this AGREEMENT. 11, LOCAL AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion; to terminate this AGREEMENT without liability; to pay only for PROJECT work actually performed; or to deduct from PROJECT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE'S Contract Officer, who may consider any written or verbal evidence submitted by LOCAL AGENCY. The 23A -19 decision of the Contract Officer, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Officer, 13. Neither the pending of a dispute nor its consideration by Contract Officer will excuse the LOCAL AGENCY from full and timely performance in accordance with the terms of this AGREEMENT. 14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under, or in connection with any work, authority or jurisdiction of LOCAL AGENCY arising under this AGREEMENT. It is understood and agreed that LOCAL AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY under this AGREEMENT. 15. Neither LOCAL AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE under, or in connection with any work, authority or jurisdiction of STATE arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the LOCAL AGENCY and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT. 16. In the event of (a) LOCAL AGENCY failing to timely proceed with effective PROJECT work in accordance with this AGREEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT, STATE reserves the right to terminate funding for PROJECT upon thirty (30) days written notice to LOCAL AGENCY. 17. No termination notice shall become effective if within thirty (30) days after receipt of a Notice of Termination, LOCAL AGENCY either cures the default involved, or if the default is not reasonably susceptible of cure within said thirty (30) day period the LOCAL AGENCY proceeds thereafter to complete that cure in a manner and timeline acceptable to STATE. 18. Any such termination shall be accomplished by delivery to LOCAL AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt; specifying the reason for the termination; the extent to which funding of work under this AGREEMENT is terminated, and the date upon which such termination becomes effective if beyond thirty (30) days after receipt. During the period before the effective termination date, LOCAL AGENCY and STATE shall meet to - -attempttoT esol ve - any dispute.-l€$TAATE-terminates funding with- - — -- 10 23A -20 LOCAL AGENCY for the reasons stated in paragraph sixteen (1 S) of ARTICLE Vl, STATE shall pay LOCAL AGENCY the sum due LOCAL AGENCY under this AGREEMENT prior to termination, provided; however, LOCAL AGENCY is not in default of the terms and conditions of this AGREEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due LOCAL AGENCY. 19. The 'PROJECT" shall be constructed as provided in this AGREEMENT and in accordance with those laws applicable to LOCAL AGENCY. In the case of inconsistency or conflicts, the terms of this agreement shall prevail. 20. Without the written consent of STATE, this AGREEMENT is not assignable by LOCAL AGENCY either in whole or in part. 21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA Department of Transportation By�5 G DEBORAH LYNCH, BTA Coordinator Bicycle Facilities Unit Division of Local Assistance Date: 12-It 11 L. Date: ATTEST. MARIA D. HUIZAR CLERK OF THE COUNCIL APPROVED AS TO FORM 11 Laura Stit 'heedy Assistant C' y Atiartteg 23A -21 EXHIBIT A -;,' "' >-✓ .'- PROJECT DESCRIPTION 'AND,COSTS Local Agency: City of Santa Ana Agreement No. BTA 1213- 12- ORA -04 _ Project Location: First Street from Harbor Boulevard to Newho a Avenue Type of Work: Design and construct a Class 11 Bikeway Length: 0.50 miles Funding Source Preliminary Construction I Engineering Right of Way Ac uisition Construction Contract: Total Cost Percent BTA $10,570 $15,855 $0 $102,275 $128,700 90% Local $0 $0 $0 $14,300 $14,300 10% Other $0 $0 $0 $0 Total $10,570 1 $15,855 $0 $116,575 $143,000 100% 12 23A -22 EXHIBIT B FAIR EMPLOYMENT AND HOUSING ACT ADDENDUM I. In the performance of this AGREEMENT, LOCAL AGENCY will not discriminate against any employee for employment because of race, sex, sexual orientation, religion, age, ancestry, national origin, pregnancy leave, or disability leave. LOCAL AGENCY will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, sexual orientation, color, religion, ancestry, or national origin, physical disability, medical or disability leave. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. LOCAL AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided STATE setting forth the provisions of this Fair Employment section. 2. LOCAL AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 1290 -0 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs. Title 2, §7285.0, or seq.) The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, section 12900(a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full. Each of the LOCAL AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate. 1 LOCAL AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT. 4. The Contractor will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for purposes of investigation to ascertain compliance with the Fair Employment section of this AGREEMENT. 5. Remedies for Willful Violations: (a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which LOCAL AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that LOCAL AGENCY has violated the Fair Employment Practices Act and has issued an order under Labor Code, section 13 23A -23 1426 which has become final or has obtained an injunction under Labor Code, section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this AGREEMENT either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be home and paid for by LOCAL AGENCY and by the surety under the performance bond, if any, STATE may deduct from any moneys due or thereafter may become due to LOCAL AGENCY, the difference between the price named in the AGREEMENT and the actual cost thereof to STATE to cure LOCAL AGENCY'S breach of this AGREEMENT. 14 23A -24 EXHIBIT C 23A -25 23A -26 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO, 12 -6761; Traffic Signal Raltt St & Adams St PROJECT N0, 14.5614; Class II Blke Lane on Flrst St PROJECT N0, 12 -6761; Class II Bike Lane on Newhope St This CONSTRUCTION CONTRACT is made and entered into this 3rd clay of March, 2015, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and California Professional Engineering, Inc., hereinafter referred to as "CONTRACTOR ", WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal at Raitt and Adams and Class II Bike Lanes on Newhope Street and First Street Improvements ( "Work of Improvement ") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and 4yhich include the following: Notice Inviting Bids ,,.Instructions to Bidders • ,..Bid Proposal ..Bid Bond. • ,..Contract Forms ,.,Contract Bonds • ,,,General Provisions • .,, Special Provisions • .,.Technical Provisions • ...Project Plans • .,.Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete Work of Improvement the sum total amount not to exceed $684,670.17, as set forth and identified in the BID 'PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". The BID PROPOSAL contains a schedule of unit price(s) or lump su n(s) based on Page I of 3 Exhibit 4 23A -27 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 12-6761: Traffic Signal Raltt St & Adams St PROJECT NO. 14 -5614: Class II Bike Lane on First St PROJECT No. 12 -6761: Class II Bike Lane on Newhope St approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable, 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A ") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5, The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of Improvement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond equal to at least ten (10 %) percent of the final Contract price or $1,000, whichever is greater (Warranty Bond). 7. CONTRACTOR shall, upon project completion as a condition of project acceptance, furnish a Warranty Payment and Performance bond to be approved by the CITY, in the amount of Twenty -Five Percent (25 1/o) of the Contract price, to warrant the work done under said Contract Agreement against material or quality defects for a period of one year after acceptance by the AGENCY. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. Ill Page 2 of 3 23A -28 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT NO. 12 -6761: Traffic Signal Raltt St & Adams St PROJECT N0.14 -5614: Class II Bike Lane on First St PROJECT N0.12 -6761: Class II Bike Lane on Newhope St IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Fistant B ty Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager RECO MMENDED FOR APPROVAL: Fred Mousavipour, P.E. Executive Director, Public Works Agency Page 3 of 3 23A -29 hrc, Exhibit A CITY OF SANTA ANA PROPOSAL PROJEGr No. 12 -6761, 14 -6814, 14.6818 PROJECT NO. 12.6761: Traffic Signal Rapt St &Adams St ADDENDUM No, TWO PROJECT NO. 14-6814: Class ll Bike Lane on First St Februwy 2,2015 PROJECT NO. 14-68M Class I I Bike Lane on Newhape St 70: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: California Professional Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (If any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Prolect# 12.6761 Item Description Qty Unit Unit Price Amount 1 Traffic Signal Installation on Raltt St & 1 LS $ $ AdamsSt 14 0 -1 2 GJT Emergency Vehicle Preemption System 1 LS $ $ Per Plan 3 Install 2" PVC Conduit per plan 25 LF $ $ a- ► aso� 4 Install 3" PVC Conduit per plan 725 LF $^ p off- p $^� c�-� -� i goo- 5 Install 4" PVC Conduit per plan 280 LF $ $qq� �S Y I Uts✓ ^ I 6 No. 6 Pull Box 11 EA $ 7 Type "E" Loop 22 EA $ $ 9-�L0 OW 8 Type "D" Bike Loop 10 EA $a $ �^� 9 Striping per Traffic Signal Plan 1 LS $ 1 3aca- $ Iv�c to Install lP Communication Equipment 1 LS $ _ —,._- _(ENCOM_Hadto_Sy- Stem) 11 CCTV System Complete 1 LS $ $ P -1 23A -30 CITY OF SANTA ANA PROPOSAL PROJECT No, 12.6761, 14-6814,14-68 18 PROJECT NO, 12- 6761: Trafflc Signal RRMSM Adams St ADDENDUM NO TWO PROJECT N0. 14.6814; Class II lilies, Lane on First St February 2, 2015 PROIGCT NU 14.6818; Class II Me Lane on Newhope St Item Description qty Unit Unit Price Amount 12 Remove Mature UquldambarTree(s) 2 EA $ ' $ Uoo complete P'j u V� 13 Furnish and Install Brisbane Tree (36" Box) 8 EA $p UM- J 14 Furnish and Install New Sign 2 EA $ $ 1s Remove Existing Sign, Provide and Install 5 EA $ $ New Sign & 16 Remove Existing sign and Post, Provide and 19 EA $ $ Install New Sign and Pole - Q .-76 - 17 Clearing and Grubbing 1 L$ $ $ ' 18 Unclassified Excavation 100 CY 19 AC Pavement Bo TN $ $ - _� � 20 Construct Ptc curb &Gutter (Type A -2.8} 400 LP $ $ 21 Ccnstruct4 "PCCSl dew all< 3,200 SF $ $ 22 Construct PCC Curb Ramp 1.200 SF $ $ 23 Pothole for UtlUtles Not Shown on Plans 20 $�� _ $�` 24 Pot holeforTraffic SlgnaIEqulpmentUtlllty 10 ;EA $ Conflict G Vh3 Protect Nod 12 -G761, subtotal,,,,,,,,,,,,,, Prefect 14.6814 Item Description qty Unit Unit Price Amount 25 Detall 1 -White Lane Line 9,720 LF P'j u 26 Detail 2 -Turn Lane Line 1,112 LF J P -2 23A -31 CITY OF SANTA ANA PROPOSAL PROJECT No. 12.6761, 14-6814, 14.6818 PROJECT NO, 12 -6761: Traffic Signal Raitt St &Adams St ADDENDUM No. TWO PROJECT NO, 14.6014: Class II Bike Lane on First St February 2, 2015 PROJECT N0.14 -6818: Class II Bike Lane on Newhope St 27 Detail 4- Double Yellow 810 LF $ 2 103-1 $ 1101 .110 28 Detail 5- Two Way Left Turn Lane 1,090 LF $ $ 2 a J 29 Detail 8- Lane Line Extension 500 LF $ $ 0Calav21C7'_ 30 Detail 10 -Median Island (Ralsed)(RPM) 430 LF $ $ 655 d -,;b0� 31 CT Detail 39 -6" Solid White Bike Lane Line 7,880 LF $ /�� ca (( $ c/� dLCyoCj a I 32 CT Detail 39A- 6" Dashed White Bike Lane 1,100 LF $ $ 33 12" Solid Line (Thermo) 1,400 LF $ $ .3o A uP�)- 34 Legends and Arrows 35 EA $ $ SSA 35 Install Sign 26 EA $ $ I 36 Install Sign and Pole 14 EA $ $ _ 0"t _ 3gSD` 37 Remove Sign 14 EA $ $ 38 Sandblasting/ Grinding 9,720 LF $ $ 1 o kp 1-7 1 -7a . 39 Type "E" Loop 42 EA $ $ 40 Type "D" Bike Loop 19 EA $ - $ - 41 Type "Cr Bike Loop 2 EA $ $ 42 Furnish, Install and Splice DLC 1000 LF $ $ r�o� o4 -.pVp� 43 Loop Card(s) In Cabinet 2 EA $ $ Ob _ 400 44 Unclassifled Excavation 120 CY $ l Ca5 w $ 198' 45 ---- AC Pavement — — — -- 170 TN - $ —tq $ p/ — 46 Construct PCC Curb & Gutter (Type A -2 -8) 140 LF $ $ 3920 - P -3 23A -32 CITY OF SANTA ANA PROPOSAL FADDJR'3NDUM CT No, 12-6761,14-6814,14-6818 PROJECT N0, 12.6761; Traffic Signal Raltc St &Addrps St No. TWO PROJECT NO, 14-58,14r Class II Mika Lane on rlrst5t ¢fy 2, 2015 PROJECT NO, 14 -6818; Class II Bike Lane on Newhope St 47 Construct PCC Bus Pad 900 sr $ $ 48 Remove Existing Sign and Post 9 EA $ $ . q 49 Green Bike Lane 2789 SF $ $ 10,776 Project 114 -6514, subtotal,,,,,,,,,,,,,, 114-§828 . Item Description qty Unit Unit Price Amount 50 CT Detail 39A,.6" Dashed White EII<e Lane 1,300 LF T $ 51 Cr Detall 39 ^ 6" Solid White i Lane 10,776 Line — .._.a °, A ✓o'c,J 52 Legends and Arrows 39 FA $ $ 1!�` 53 Install Sign and Pole 8 EA $ $ Q_75_ 54 Remove Sign Only 1 EA $ $ hJ 95 Replace Sign Only 16 EA $ $ /605- y� 56 Replace Sign and Polo 16 EA $ $ I 7S- 57 Replace SNS 14 M $ $ tJ �� y 58 Type "E" Loop 56 EA $ $ 59 Type "D" slice Loop 36 EA $ $ 60 Type -Cr $lice Loop 5 EA raro�7 V M I r�',J�%T 61 Install New DLC in Exist Conduit 895 LF 62 Install Sign 12 EA $ $ grgz- 'p, (J) � P -4 23A -33 iii CITY OF SANTA ANA PROPOSAL FROJECTNo. 12- 6761,14. 6814,14 -6818 PROJECT NO, 12- 6761:TrafflcSignal Reltt St &Adams St ADDENDUM No. TWO PROJECT NO. 14-68M Class II Blke Lane on Flrst St February 2, 2015 PROJECT NO. 24-682: Class II Bike Lane on Newhope St 63 Green Bike Lane 4356 SF $ $ qL) %3s a a 64 Signal Cabinet Upgrade 1 LS Profect No.: 14 -6818, subtotal,,. ........... $ I ! 0 7Lk Total Bid: (Numbers) i er J s N The lowest BIDDER shall be selected on based on the lowest total bid. 0 0 -1J The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete said work within eighty (80) working days after the commencement date stated in the Notice to Proceed. The bidder also proposes to commence construction of the Work within ten (10) days after Issuance of a Notice to Proceed, and to continue in a diligent and workman -like manner without interruption, and to complete the construction thereof within the time specified above. The liquidated damages amount in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $1,000 per calendar day. Y -5 23A -34 ZAJI J REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: REQUEST FOR TIME EXTENSION OF MEASURE M2 COMPREHENSIVE TRANSPORTATION FUNDING PROGRAM FUNDS FOR BRISTOL STREET IMPROVEMENTS (PROJECT NO. 116740, NON - GENERAL FUND) (STRATEGIC PLAN NOS. ', 1, Gg & 3, 2, C) r CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •r• ❑ As Recommended ❑ As Amended ❑ Ordinance on V1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to request a two -year time extension of the construction funding deadline to June 30, 2017 for the Measure M2 Comprehensive Transportation Funding Program /Project 0 for the Bristol Street Improvements between Washington Avenue and Seventeenth Street. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long -term priority project that will be constructed in several phases. The project includes improvements of Bristol Street between Washington Avenue and Seventeenth Street (Exhibit 1) and is designated Phase IIIB. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. On November 28, 2011, the City Council adopted Resolution 2011 -013 authorizing an application for right -of -way and construction funding under the Measure M2 Comprehensive Transportation Funding Program (CTFP) Regional Capacity Program (Project 0) for Phase IIIB. On March 14, 2012, the Orange County Transportation Authority (OCTA) Board of Directors approved right -of- way funding in the amount of $11,152,575 and construction funding in the amount of $2,631,816 for use in fiscal years 2013 -14 and 2014 -15, respectively. In accordance to the CTFP guidelines, the construction contract for this project must be awarded by June 30, 2015. The Bristol Street Improvements Phase segment. The acquisitions to 15 parcels and Public Works Agency has meet the funding timeline. relocation of 4 of 8 tenants IIIB involves acquisition of 15 properties along the made a diligent effort to negotiate and complete these To date, the City has completed the acquisition of 6 of Staff has continued to negotiate in good faith, but has 23B -1 Request for a Time Extension of Measure M2 Funds Bristol Street Improvements Phase IIIB March 17, 2015 Page 2 not yet reached agreement on several properties. The ongoing negotiations now put the schedule for awarding a construction contract beyond the June 30, 2015, deadline. Staff recommends that the City Council authorize the Public Works Agency to request a two -year time extension for expenditure of Measure M2 CTFP construction and right -of -way allocations to avoid the loss of this significant funding. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans /projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS /EIR No. 89 -01). On June 3, 2014, the City Council approved an Addendum to the FEIS /EIR pursuant to the California Environmental Quality Act to account for several minor design modifications in Phase ]JIB. FISCAL IMPACT There is )no; cal impact associated with this action Fred' ousavlpour Exec tive Director Public Works Agency FM /EWG /KN /SF Exhibit 1: Location Map — Bristol Street Improvements 23B -2 imi SANTA ANA PUBLIC WORKS AGENCY SANTA ANA COLLEGE ff SEVENTEENTH STREET ................ i I PROJECT LOCATION 0 i i I i i 1 i 1 iLl iOl IJ� I � I � I I � I 1 I I 1 I I I � I I I 1 1 ° i 1 i i EXHIBIT 1 REQUEST FOR EXTENSION OF MEASURE M2 CITY COUNCIL COMPREHENSIVE TRANSPORTATION FUNDING AGENDA DATE; PROGRAM FUNDS FOR BRISTOL STREET MARCH 17, 2015 IMPROVEMENTS (PROJECT NO. 116740, NON - GENERAL FUND) 23B -3 is Idle PAGE 1 OF 1 23B -4 REQUEST FOR r�= COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: REQUEST FOR TIME EXTENSION OF MEASURE M2 GRANT FUNDS FOR SAFE TRANSIT STOPS PROJECT (PROJECT NO. 156343, NON- GENERAL FUND) (STRATEGIC PLAN NO. 6, 1, G) ��yl�' /i�►: \I f��el�:� RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on is' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the Public Works Agency to request a one -year time extension of the Measure M2 Project W construction funding deadline to June 30, 2016 for the Citywide Safe Transit Stops project. On August 25, 2014, the City was awarded $687,519 in Measure M2 Comprehensive Transportation Funding Program grant funds from the Orange County Transportation Authority Safe Transit Stops Program (Project W). These funds have been allocated for the City's Safe Transit Stops project, which will provide transit amenities such as new bus shelters, lighting, seating and waste receptacles at 29 bus stop locations, as shown in Exhibit 1. On February 17, 2015, the City Council approved an amendment to the Fiscal Year 2014/15 Capital Improvement Program and an appropriation adjustment to receive the Project W funds. Funding compliance requires that a construction contract for this project be awarded by June 30, 2015. A one -year extension until June 30, 2016, is requested to allow for development of a comprehensive bid package for all 29 project locations. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). 23C -1 Request for Extension of Measure M2 Funds Safe Transit Stops Project March 17, 2015 Page 2 ENVIRONMENTAL IMPACT There are no significant Environmental Impacts related to the Safe Transit Stops Project, and therefore in accordance with the California Environmental Quality Act, a Categorical Exemption No. ER- 2015 -30 was filed for this project. FISCAL IMPACT There is associated with this action. Executive director Public Works Agency FM /EWn /KN /SF Exhibit 1: Location Matrix — Safe Transit Stops Project 23C -2 M O O O O O O O O O O O O O O O O co O O O O O O O O O O O O O O O O N O O O O O O O O Cl O O O O O O O m 0 O O O O O O O O O O O O O O O r M M N M N N N M M N M M M M M N (A fR fR ffl UH fA fH 61y 61J fA UR fA fR 6q fR (f3 V7 r Q r Q a a a Q p E OL m m E E aNi ai DY m m C C U) a) N a) N N U N U N N () (6 0 m N m N N a) () a) a) a) a) N m w a) a) U) m a o o a ° a a a a aw '� CL '3 u m a m m n m a) a) a) � a) d a) n U U N U a N Q U U U U U U U U a) a) Y a) U a) a) U a) a) a) a) a) N a) N a) a) U U a' a) m a) w L m L t m a) t t t t L U t U L L U`0 m N N N m ca I6 (a fa a) N a) lL6 N H F H H E H E F- F- V' m It N @ V V d' V' V Q d' Q ~ ~ H N Q u! p_ - N V Ul ( Ul U) a) Ul m N N a) E (D E N a) N u d' a) a) a) m a) L_ a) t a) a) N r L U m L U m N t L U t a) L - t L U t U t U t U L 00 t 00 L U L a) L U a) a) m a C a) C C C a) a) a) () a) Y U Y a) C a) ED m a m m m d m m m no m m °° m m m m N V V U m N m m m N N N N N (Y C N C. N N m W- N N vi r N r - i ` U) Y L m E E N E U) N N Q) d a) a) q) m a) a) a) a) a) a) m a) m a) a� an d a) m N m U N U a) N N N N N a) N a) N ` a) O a) N a) t L C L C t t L L L t L L t U L a) sl L a) f2 L L t 0 U) O U) O Un (0 U) (n w (n U) U) U) Y U) d U) d U) (n U) r N U NU N IN I N N mC\1 E NF- E N N o a) O > ( C j > a) > m d C N N O a) > Q m > C O O m N Q a) m Q > m CO a `O m a) Q ° E a c a) � N �° m = U m N C d a) N =. N m U N > N a) N C U) m m 2 'c � 2 U Q '� d m m U U) � m C -O 'a 'C C (n U N > Q m O m O N L N w > > N = > a) C7 > a a) u, � LO c N m N N > a) N C C p p C Q U) U) aa) a m m m ° 3 ° U) O` `O U) a m U) U) a`) CA f/1 N In C L- N LL d (n LL C N C u u .L.. r m m 2 Z LL m W m m m m m m m m m m m m m m m m m c c c c c c c c c c c c c c c c c Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q m m m m m m m m m m m m m m m m m c c c c c c c c m m c c m c c c c m m m m m m m m m m m m m m m m m N m m m m m m m m U) U) m U) U) m m m co I,- co O M N N N CO N M M M M M V d' to m EXHIBIT 1 23C -3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 co m 0 o o o an r O O O O O O O O O N O O Lf) 0 N 0 N 0 M 0 N 0 N 0 N 0 N 0 N o N co 0 N o N n w fA fR 64 fR fR fR M fH ER ER fA fR V7 m Q CL E U O O LL' U U m O O N 0 (p O N K F I F I U N a) w U aa)) a) a) 0N) i am) t6 (D aa)) (N) aa)) aa)) m m m m m m m m m m m m F a s m a a a a a a m a a U U U U U U U U U a U U K m K K K K K U m L L N L L L L L L 0 L L m (E0 2 2 2 m m 2 L N f`6 F- F F F F F F- I� F F m F- F a) Mn N N Y1 N N N � a) N a) L m L L� U m m L m L N L m t m L a) m t L m L m L U U C U U U U U U U U U C a) C a) m m C m C m C m C m C m C m C m C m C m m m N O m m m m m m m m m N N L) N N N N N N N N w .m. N - .m. N (D W N w Q) d (D (D Q d O L a) L O U L O L a) U L m L O L O L U U L m L O U L O L m m (n O U) C U) O (n (n (/! C (/% O (n C m O (n c a) o > m a U) a 3 m a) m Z U c Q c m LL d > > N m c N o > m aci Q N a3i U L c N U) c j Q > Q m � LU m � � @ c c m m w m � m °o a a) c d m m m E ° in n n U) �— LL LL w L �, m U) � c c m C m C m C m C m C m C m C m C m C m C m C m C Q Q Q Q Q Q Q Q Q Q Q Q m m m m m m m m m m m m C m C m C m C m C m C m C m C m C m C m C m C m U) U) co Mn m (n m co m U) m U) 23C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: AMEND AGREEMENT WITH MACIAS GINI & O'CONNELL, LLC, FOR COMPREHENSIVE FINANCIAL AUDIT SERVICES (STRATEGIC PLAN NO. 7, 5, f) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Macias Gini & O'Connell, LLP (MGO), subject to non - substantive changes approved by the City Manager and City Attorney, to exercise its option for MGO to provide comprehensive financial audit services to include fiscal year ending June 30, 2015; for MGO to perform the necessary audit service relating to the implementation of Governmental Accounting Standards Board (GASB) Statement No. 68; and for MGO to provide an agreed upon procedure audit of the City's Indirect Cost Allocation in accordance with the Office of Management and Budget (OMB) Final Guidance on Grant Reform. DISCUSSION On April 16, 2012 the City Council awarded a three -year contract to Macias Gini & O'Connell, LLP to provide comprehensive financial audit services for the following periods: fiscal year 2011- 12 thru 2013 -14 and the option to renew annually for two succeeding years in an annual amount not to exceed $208,000. The City is recommending MGO to continue to provide audit services in order to increase staff's knowledge in development of effective and efficient financial statement presentation and also due to their expertise in two new critical reporting areas. During the three most recently completed fiscal years, MGO has enhanced City staff's knowledge in developing and maintaining true, current and accurate financial statements for the City's internal and external customers via their examination of the City's books and records and auditing of the Comprehensive Annual Financial Report. MGO has also provided City staff guidance regarding the impact to financial statements as a result of new accounting pronouncements. Additionally, in order to address the challenges faced by cost - sharing plan employers, the American Institute of Certified Public Accountants ( AICPA) has been working closely with GASB. As a result, in May 2014 technical guidance, commonly referred as a whitepaper, was prepared by the AICPA State and Local Government Expert Panel (SLGEP) detailing accounting and 25A -1 Amend Agreement with Macias Gini & O'Connell LLP March 17, 2015 Page 2 auditing issues facing governmental employers that participate in Agent Multiple - Employer Defined Benefit Pension Plan as well as best practice solutions to address these items. MGO actively participated in the SLGEP and was selected by CalPERS to assist in the implementation of their GASB No. 68 audit services. GASB Statement No. 67 and 68 Requirements In June 2012, the Governmental Accounting Standards Board (GASB) issued two new standards that substantially changed the accounting and financial reporting of public employee pension plans and the state and local governments that participate in such plans. GASB Statement No. 67, Financial Reporting for Pension Plans revises existing guidance for the financial reports for most governmental pension plans. GASB Statement No. 68, Accounting and Financial Reporting for Pensions revises and establishes new financial reporting requirements for most governments that provide their employees with pension benefits. GASB Statement No. 67 is applicable to CalPERS and effective for financial statements for fiscal years beginning after June 15, 2013. GASB Statement No. 68 is applicable to employers and effective for financial statements for fiscal years beginning after June 15, 2014. The City of Santa Ana contributes to the California Public Employees Retirement System (CalPERS), an agent multiple - employer public employee defined benefit pension plan. GASB Statement No. 68 requires employers to recognize a liability as employees earn their pension benefits (that is, as they provide services to the government). To the extent that a long- term obligation to provide pension benefits (that is, total pension liability) is larger than the value of the assets available in the plan (that is, fiduciary net position) to pay pension benefits, employers must report a net pension liability on the employer's accrual -based financial statements for the first time. Challenges of Employers in Agent Multiple - Employer Plans and the Auditors An agent multiple - employer plan (agent plan) is one in which the assets of the employers are pooled for investment purposes but separate accounts are maintained for each individual employer. To comply with GASB Statement No. 68, agent plan employers will also need information beyond what is provided in the plan's financial statements. GASB Statement No. 67 does not require the plan administrator (CaIPERS) to report specific pension amounts, actuarial information, and fiduciary net position for each individual employer. The City (employer) does not have direct access to the underlying plan's records and data supporting such amounts. Similarly, the City auditors face challenges in obtaining sufficient and appropriate audit evidence regarding the specific pension amounts included in City's financial statements. 25A -2 Amend Agreement with Macias Gini & O'Connell LLP March 17, 2015 Page 3 Indirect Cost Allocation Plan Audit Requirement On December 26, 2013 the OMB issued a final ruling on the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for recipient fiscal year starting after December 26, 2014. One of the requirements is the audit of City's Indirect Allocation Plan which the City utilizes as a mechanism to recover City's central administrative service costs for its respective grant funds. As a result of MGO's knowledge and expertise relating to the newly required pension reporting requirements and examination of the City's indirect cost allocation, staff is recommending retaining MGO to provide necessary audit services for fiscal year ended June 30, 2015. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #7 Team Santa Ana, Object # 5 (Create a culture of innovation and efficiency within the organization), Strategy F (Explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies) FISCAL IMPACT Funds in the amount of $124,968 (account no. 01110110 - 62300) are available for these services and are included in the fiscal year 2014 -15 and 2015 -16 budget within the Accounting Division Contract Services- Professionals related to the City's General Fund. Additional funds in the amount of $8,360 are budgeted in the Successor Redevelopment Agency (account no. 67118021 62400), CDBG in the amount of $18,205 (account no. 1351878062400), Housing Authority in the amount of $25,530 (account no 14018760 - 62400), the Workforce Investment programs in the amount of $1,552 (account no. 12318748 - 62400) and various other grant funds in the amount of $29,385. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency aIffiffiA Exhibit: 1. Agreement )111v. Yg0 Ste 6qt fg6L_ 135' 25A -3 25A -4 FIRST AMENDMENT TO AGREEMENT FOR PROVISION OF FINANCIAL AUDIT SiSRVICES TH18 FIRST AMENDMENT to the Agreement for Provision of Financial Audit Services is entered into this 17th day of March, 2015, by and between Macias, Ciro & O'Connell, LLP, a California corporation (hereinafter "AUDITOR', and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "), RECITALS A. The CITY and AUDITOR entered into an Agreement #A- 2012 -081 (hereina m, "Agreoment "), dated April 16, 2012 to provide independent audit of the CITY's finanolal statements and records for fiscal years 2011.2012, 2012 -2013, and 2013 - 2014, B. In accordance with the terms and conditions of the Agreement, the Parties desire to extend the term of the Agreement to incl ado fiscal year 2014.2015 and amond the original cost proposal to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of the Agreement as hereby amended, the Parties hereby agree as follows; I. Section 4, COMPENSATION, shall be amended to provide that in addition to the payments already authorized tinder the Agreement, AUDITOR will accept as total payment for its financial audit services relating to fiscal year 2014.2015 the fees identified on Exhibit A to this First Amendment. 2, Section 5, TERM, shall be amended to extend the term of the Agreement through the completion of financial audit services for fiscal year 2014 -2015. 3. Except as modified by this First Amendment, the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the day and year first set forth above. ATTEST; CITY OF SANTA ANA Maria A. Hnizar David Cavazos Clerk of the Council City Manager 25A -5 aatnnrrA IFxorndToDe Horlixtg ircountsxlttts: City Audit (includes GASB 6a implementation servlcesl $ 140,718 Single. Audit (inducles 8 major programs) 44,200 GANN 1,030 City's Investment Policy Compliance Review 2,783 State Controller Reports City 8,461 State Controller Reports - RDA Independent Financial report for RDA Successor Agency and the Housing Successor Agency of the Redevelopment Agency and ABX12.6 compliance City's Operational Audit Housing Authority annual on-line attestation of the Financial Data Schedule 1,719 Bond disclosures attestation PBID operational andRs Orange Cotmty Fire Authority Agreed Upon Procedures Audit Indiroct Cost Allocation Plan Agreed Upon Procedures 7,413 Total for Fiscal Year (not•to- exceed) "S 2>3R *FY 2014/2015 City Audit and Single Audit Faes includes asslstanea with implementation of GASB 68 and the Uniform Guidance. 25A -6 A- 2012 -081 INSURANCE NOT UN FILE WORK MAY Nff PROCEEU CLERK OF o�OUNCIL _ 2 Z _ � 2 AGREEMENT FOR PROVISION OF ""WE: A5�. FINANCIAL AUDIT SERVICES THIS AGREEMENT, made and entered into this 16 'h day of April, 2012 by and between Macias, Gini & O'Connell, LLP, a California corporation (hereinafter "AUDITOR "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY "). RECITALS CCU A. The CITY issued a Request for Proposals, dated February 6, 2012, for an independent audit of its financial statements and records. B. Pursuant to said invitation, AUDITOR submitted a proposal which is hereby accepted by CITY for provision of said professional service. /J C. AUDITOR is recognized as a competent and qualified certified public accountant, duly authorized to practice and licensed as such by the California State Board of Accountancy. D. In undertaking the performance of this Agreement, AUDITOR represents that it is knowledgeable in its field and that any services performed by AUDITOR under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES AUDITOR shall provide financial auditing services for CITY's 2012 -2014 fiscal years, as set forth in CITY's Request for Proposals, attached hereto as Exhibit A, and incorporated by this reference. Said services shall be d accordance with the process set forth in AUDITOR'S Proposal, attached hereto as Exhmii 11 exhibits referenced herein and attached hereto shall be incorporated by reference as though attached in their entirety. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of CITY shall be the Executive Director of the Finance and Management Services Agency, or his designated representative, and the representative of the AUDITOR shall be Katherine V. Lai, CPA. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP AUDITOR warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. AUDITOR's contribution to the Project, including works to be produced by AUDITOR hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. AUDITOR shall deliver to CITY any Independent Auditor's Reports and other signed opinions which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with CITY's information systems, as agreed between the Project Manager and AUDITOR. In regard to all work product produced as a deliverable under this Agreement, AUDITOR agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) work product shall be the property of the CITY, and may not be copyrighted without prior review from the CITY, and (b) the authors of all such work product, whether copyrighted or not, award to the CITY, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the AUDITOR, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such work product. 4. COMPENSATION a. CITY agrees to pay, and AUDITOR agrees to accept as total payment for its services, the rates and charges identified in AUDITOR's Cost Proposal, attached hereto as Exhibit C. The total sum to be expended under this Agreement shall not exceed $208,000 per fiscal year, during the term of this Agreement. b. Payments to AUDITOR shall be made within thirty (30) days after receipt by CITY of invoices from AUDITOR, which shall be rendered not more often than monthly. Special examinations, surveys, or detailed reports of any nature outside the scope of this Agreement shall be billed separately by AUDITOR and must be specifically authorized in writing by CITY in advance of such additional services proposed to be provided. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 5. TERM The term of this Agreement shall be for a period of three (3) consecutive years, beginning with the fiscal year ending June 30, 2012. CITY shall retain an option in its sole discretion to extend auditing services for one additional one -year period. 6. INDEPENDE9 N&ACTOR AUDITOR shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which AUDITOR performs the services which are the subject matter of this Agreement; however, the services to be provided by AUDITOR shall be provided in a manner consistent with all applicable standards and regulations governing such services. AUDITOR shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 7. INSURANCE Prior to undertaking performance of work under this Agreement, AUDITOR shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 2 a. Commercial General Liability Insurance. AUDITOR shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of AUDITOR's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self - insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $2,000,000 combined single limit. Such insurance shall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, AUDITOR, if AUDITOR has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, AUDITOR agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and $2,000,000 in the aggregate. this section: The following requirements apply to the insurance to be provided by AUDITOR pursuant to (i) AUDITOR shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) LSZ9written notice to the CITY. f. If AUDITOR fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect AUDITOR's right to be paid for its time and materials expended prior to notification of termination. AUDITOR waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 8. INDEMNIFICATION AUDITOR agrees to and shall indemnify and hold harmless the CITY, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the AUDITOR or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of AUDITOR arising from this Agreement. The AUDITOR further agrees to indemnify, hold harmless, and pay all costs for the defense of the CITY, including fees and costs for special counsel to be selected by the CITY, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make all reasonable decisions with respect to its representation in any legal proceeding. 9. CONFIDENTIALITY All information gained by AUDITOR in performance of this Agreement shall be considered confidential and shall not be released by AUDITOR without CITY'S prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the CaliforniaPublic Records Act, government Code Section 6250 et M. AUDITOR, its officers, employees, agents, or subcontractors, shall not voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the project or cooperate in any way with a party who may be adverse to CITY or whom AUDITOR reasonably should know may be adverse in any subsequent litigation. AUDITOR shall incur no liability under this Agreement for materials submitted by it which are later released by CITY, its officers, employees, or agents. AUDITOR shall also incur no liability for statements made by it at any public meeting, or for any document released by it for which prior written CITY authorization was obtained. If AUDITOR or any of its officers, employees, consultants, or subcontractors does voluntarily provide information in violation of this Agreement, CITY has the right to reimbursement and indemnity from AUDITOR for any damages caused by AUDITOR'S conduct -- including attorney's fees. AUDITOR shall promptly notify CITY should AUDITOR, its officers, employees, agents or subcontractors be served with any Summons, Complaint, Subpoena, Notice of Deposition, Request for Documents, Interrogatories, Request for Admissions or other discovery requests from any party regarding this agreement and the work performed hereunder. CITY retains the right, but not the obligation, to represent AUDITOR and/or to be present at any deposition, hearing, or similar proceeding. AUDITOR agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by AUDITOR. However, CITY'S right to review any such response does not imply or mean the ri^kAITi{ control, direct, or rewrite said response. CITY warrants that AUDITOR will have fully met the requirements of this provision by obtaining CITY'S written approval prior to providing documents, testimony, or declarations; Consulting with CITY before responding to a Subpoena or court order; in the case of depositions upon providing Notice to CITY of same; or providing CITY opportunity to review discovery responses prior submission. For purposes of this section, a written authorization from CITY shall include a "faxed" letter. 10. CONFLICT OF INTEREST CLAUSE AUDITOR covenants that neither it nor any officer or principal of their firm have any interests, nor shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. AUDITOR further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subcontractor. 4 II. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: and Executive Director of the Finance and Management Services Agency City of Santa Ana 20 Civic Center Plaza (M -17) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5414 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To AUDITOR: Macias, Gini & O'Connell, LLP Katherine V. Lai 4675 MacArthur Court, Ste 600 Newport Beach, California 92660 2 Facsimile (949) 221 -0035 A party may 9§1 e lts il dddress by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and AUDITOR, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of AUDITOR. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms 5 and conditions hereof, shall not bind or obligate AUDITOR nor the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of AUDITOR, AUDITOR may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the CITY and any such assignment, transfer, delegation or subcontract without the CITY's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the CITY's ability to have any of the services which are the subject to this Agreement performed by CITY personnel or by other consultants retained by CITY. 14. TERMINATION If, at any time during the term of this Agreement, CITY determines that AUDITOR is not faithfully abiding by any term or condition contained herein, CITY may notify AUDITOR in writing of such defect or failure to perform; which notice must give AUDITOR a ten (10) -day notice of time thereafter in which to perform said work or cure the deficiency. If AUDITOR has not performed the work or cured the deficiency within the ten (10) days specified in the notice, such shall constitute a breach of this Agreement and CITY may terminate this Agreement immediately by written notice to the AUDITOR to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities or rights under this Agreement except, however, any and all obligations of AUDITOR'S surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination hereof. In said event, AUDITOR shall be entitled to the reasonable value of its services performed from the beginning of the period in which the breach occurs up to the day it received CITY'S Notice of Termination, less any offset from such payment representing the CITY'S damages from such breach. CITY reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the CITY'S sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall AUDITOR be entitled to receive in excess of the compensation quoted in its bid 15. ATTORNEYS FEES In the event 25A-.12 lion conimenced by either party to enforce any rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs, in addition to any other relief granted by the Court. 16. DISCRIMINATION AUDITOR shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. AUDITOR affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, 0 M California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES AUDITOR shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. AUDITOR shall notify the CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. /// 25A -13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: _Y- MARIA D. HUIZAR PAUL M. W LTERS Clerk of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney R By: La a needy Assistant City Attorney MACIAS, GINI & O'CONNELL, LLP V � VIN J. O' NNELL CEO & Mana ng Partner 25A -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 RYOF4 ARTS AND CULTURE ARTIST GRANT PROGRAM (STRATEGIC PLAN NO. 5, 5B) CITY MANAGLiR RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: APPROVED El As Recommended ❑ As Amended 0 Ordinance on 18' Reading ❑ Ordinance on 2°" Reading ® Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the Community Development Agency to release the Investing in the Artist grant Opportunity application and the Arts and Culture Commission to evaluate and select applications for awards in the amounts of $5,000 and $10,000. 2. Authorize the City Manager and the Clerk of the Council to execute grant agreements with the selected applicants, subject to non- substantive changes approved by the City Manager and the City Attorney. ARTS AND CULTURE COMMISSION RECOMMENDATION At the rescheduled Regular Meeting on February 26, 2015, by a vote of 7:0, the Arts and Culture Commission (ACC) recommended that City Council authorize the Community Development Agency to release the Investing in the Artist Grant Opportunity application, subject to non - substantive changes. DISCUSSION Staff is requesting authorization to release the Investing in the Artist Grant Opportunity application (Exhibit 1) to solicit project proposals to emerging and established artists and arts organizations. The Arts and Culture Commission will be evaluating and selecting the applications for awards In the amounts of $5,000 and $10,000, Grant agreements (Exhibit 2) with the selected applicants will be executed before grants are distributed. 25B -1 ACC Artist Grant Program March 17, 2015 Page 2 Often times, artists are faced with financial barriers. The Investing in the Artist Grant Opportunity will distribute small, but impactful funds to emerging and established artists in Santa Ana serving to enrich and invigorate the Santa Ana arts and culture landscape. The funds will aid artists to further their artistic creativity while residing, working or creating a specific project for the benefit of Santa Ana's arts and culture community. The artist grant funding may be applied towards artistic needs small and large, depending on the proposal. Grants for arts organizations would support special events, arts and cultural programming, and non - profit essentials such as, materials, supplies, special event production, and community engagements. Approximately $85,000 is anticipated to be distributed from the Strategic Plan resources dedicated to arts and culture. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objective No. 5 (Promote a strong arts and culture infrastructure), Strategy S (Generate public and private support and resources to strengthen, expand and stabilize finding for the arts). FISCAL IMPACT Funds are available in the Community Activities Non - Departmental Loans and Grants account (no. 01105810-69152). APPROVED AS TO FUNDS AND ACCOUNTS: Kelly Reenders Francisco Gutierrez !I Executive Director Executive Director Community Development Agency Finance and Management Services Agency KR /sb Exhibit: 1. Artist Grant Opportunity Application 2. Grant Agreements 25B -2 INVESTING IN THE ARTIST _ GRANT OPPORTUNITY INDIVIDUAL APPLICATION Understanding that a financial barrier is often times all that stands in the way of an artists' next critical step in their career, Investing in the Artist grants distribute small, but impactful funds to emerging and established artists, serving as a catalyst to further their work while living and creating in Santa Ana, resulting in a more vibrant local art scene. Funding may be applied towards artistic needs small and large, depending on the proposal. The Santa Ana Arts and Culture Commission supports ambitious projects that embrace experimentation and focus on process, as well as emerging artist essentials, such as materials, supplies, professional development, or business and website fees. Grants will be awarded in the amount of $5,000 or $10,000 and will be distributed in two payments. The grant period will be for 12 months and will require an interim and a final report on outcomes achieved. The first payment will be disbursed at the commencement of the grant period, and the second payment will be disbursed after completion of an interim report. Interim and final reports will require documentation, such as receipts, to support grant expenditures. ELIGIBILITY CRITERIA Individual artists working in the following mediums are welcome to apply: Visual f Performing H Musical H Literary H Film H Textile Arts H Multimedia • Artists must be currently living and creating work in Santa Ana or create a work that is for the benefit of Santa Ana arts community. • Project must be completed in Santa Ana and /or directly serve the Santa Ana arts community • Applicants must be over the age of 18. • Grant funds may not be used for tuition or academic expenses. • City of Santa Ana employees, elected officials, and commission members are ineligible. FUNDING PRIORITIES • Artist Project (Santa Ana artist seeking funds for a specific project, including travel and research) • Equipment/Supplies (Santa Ana artist seeking funds for specific arts equipment or supplies, including funds for services such as websites and professional development) *Santa Ana artist is defined as an artist that primarily lives and works in Santa Ana or will complete a specific project for the benefit of Santa Ana arts and culture community. CONFLICT OF INTEREST The Arts and Culture Commission ( "Commission ") members are actively involved in the arts professionally and/or personally. The Commission desires to avoid situations which may com- promise, or appear to compromise, members' objectivity while not preventing their continuing involvement in the arts, or in projects supported by the Commission and City. If the Commis- sion member has a professional, fiduciary, or personal relationship with an applicant, the Com- mission member must notify the Commission of the relationship before the panel meeting or re- view of the applicant. The Commission member must also excuse himself /herself from the room during the discussion of the applicant, and may not discuss the application with any other mem- ber of the Commission prior to, during, or after discussion of the application. EXHIBIT 1 25B -3 EVALUATION Artist applications will be evaluated on the following criteria: • Project Merit —40% • Artist Portfolio —30% • Potential Community Impact — 20% • Individual Need —10% PORTFOLIO REQUIREMENTS Online submissions, please upload work directly onto online application using formatting guidelines listed below, or include links to online portfolio. Hard copy submissions, please follow guidelines listed below. Please do not submit any original artwork. Work will not be returned. Visual Arts (including painting, sculpture, textile arts, all physical artwork): • Five (5) images maximum of demonstrating your best work • Images must be printed or in jpeg format on one CD or uploaded to online submission site. • Clearly label each image file with "title _last name, first name" — Example "Art—Brown, John" • You may choose to submit a single PowerPoint presentation of your work with your name, title, size, date, medium on each slide. 'PowerPoint presentation must be copied onto one disk. Musicians • You may submit up to five (5) songs or compositions of your best work. For online submissions, files may be uploaded as mp3 files. Links to Soundcloud, YouTube, or other online music showcases are acceptable. • If submitting a hard copy, please submit music on a playable CD. • Please note: Individual songs exceeding three minutes may not be heard in their entirety. • Label each file with "title—last name, first name" — Example "Music—Brown, John" FVMI MedialPerfbrmina Arts • You may submit up to five (5) short film/multimedia files. For online submissions, files may be uploaded as mp4 or .mov format. Links to online portfolio, YouTube, Vimeo or other video sharing sites are acceptable. • If submitting a hard copy, video files must be submitted on a playable CD. • Please note: Individual films exceeding ten minutes may not be viewed in their entirety. • Label each file with "title last name, first name" — Example "Video Brown, John" Writers • You may upload writing samples as Word or PDF files on the online submission site. Label each file "title—last name, first name" - Example "Fiction—Brown, John" • If submitting hard copy, please print the manuscript sample and include with application packet. • Please use the following format for manuscripts: Times New Roman or Courier, 12 point font, double- spaced. • Fiction: 10 pages max. • Non - Fiction: 10 pages max. • Poetry: 5 poems (10 pages max.) Poetry may be formatted as the poet determines best suits the poem, but the manuscript must be legible. • Screenplays: 5 pages of dialogue + 1 synopsis. 2 25B -4 SUBMISSION REQUIREMENTS Applications must contain the following documents to be considered for funding: 1. Application Cover Sheet (use attached) 2. Checklist (use attached) 3. Narrative for proposed use of funds and supplemental questions: o Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.). o Is this a new or existing program/project? o How will your project enrich the Santa Ana arts and culture community? Please do not exceed 2 pages for the narrative and supplemental questions. Please follow these formatting guidelines: Double spaced, 12 point Times New Roman, inch margins. 4. Portfolio (see guidelines) 5. Project Timeline (sample attached) 6. Line Item Budget (use attached) 7. One signed Letter of Support from an academic reference or reference from within the creative arts. If letter is in language other than English, please provide English translation. Applications must be submitted by 4 P.M., April, 30, 2015 via one of the following methods: Mail /Hand Delivery: City of Santa Ana Investing In the Artist Grant Administration Community Development Agency M -25 20 Civic Center Plaza, 6th floor Santa Ana, CA 92701 Web site: www.submittable.com CONTACT For questions regarding the application contact Kelly Reenders at (714) 647 -5336 or kreenders(a santa- ana.org. ANTICIPATED TIMELINE 03/19/15 Applications available 04/02/15 Information Session 04/30/15 Applications due by 4 p.m. 05/21/15 Funding recommendations from Commission 06/1/15 Grants awarded/City of Santa Ana Agreement Development 06/18/15 Grant Recipient Reception 2513-5 INVESTING IN THE ARTIST APPLICATION COVERSHEET APPLICATION DUE DATE: Thursday, April 30 (a, 4:00 P.M. City Ward of Residence: Date Submitted: City Ward of Project: Name of Applicant: Address: Phone Number: Email: Website: Letter of Support- Name & Affiliation: Brief Description of Project: Type of Application: ❑ Artist is based in Santa Ana ❑ Artist is not based in Santa Ana and proposes to use 100% of grant funds for a project based in Santa Ana Need: ❑ $5,000 ❑ $10,000 I am applying for: ❑ Equipment ❑ Materials & Supplies ❑Other City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 ME INVESTING IN THE ARTIST CHECKLIST ❑ Application Cover Sheet ❑ Checklist ❑ Artist Statement (1 page limit, Times New Roman 12 -point font, double - spaced, 1 inch margins) ❑ Artist Resume /CV (2 page limit, Times New Roman 12 -point font, double - spaced, 1 inch margins) ❑ Brief narrative for proposed use of funds and supplemental questions (2 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) Supplemental Questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.)? • Is this a new or existing program/project? • How will this project enrich the Santa Ana arts and culture community? ❑ Portfolio (see Portfolio Requirements) ❑ One signed Letter of Support on professional letterhead. If letter is in language other than English, please provide English translation. ❑ Project Timeline (sample attached) ❑ Line Item Budget — include equipment, supplies, material, and studio and /or space rental 25b -7 INVESTING IN THE ARTIST SAMPLE PROJECT TIMELINE DATE ACTION OUTCOME F INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES EQUIPMENT, MATERIALS AND SUPPLIES e (equipment, mat rial, supplies for project) Quan- tity Unit Cost Total Cost Gant Furnds Requested Description Total Cost Grant Funds (permits, fees, facility rental for project) Requested Artist is responsible for maintaining documentation of expenses paid for with grant funds. Documentation, such as receipts for expenses, will be required for submittal on the interim and final reports. If receipts are not available for certain expenses, a certifi- cation from the artist certifying the expense may be accepted on a case by case basis. 2513-9 INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budget categories and projected expenditures for the proposed program: Category Expenditures Funded By Santa Ana Grant Expenditures Funded Other Sources (Including in- kind) Total Project Budget Equipment Total Supplies Total Materials Total TOTAL PROJECT REVENUE LIST ALL OTHER PROJECT RESOURCES "Funding Source" total must equal "Total Project Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant TOTAL PROGRAM BUDGET City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 25B810 . INVESTING IN THE ARTIST `�_� GRANT OPPORTUNITY ORGANIZATION APPLICATION Investing in the Artist grants distribute small, but impactfal funds to emerging and established arts organizations, serving as a catalyst to further their work while living and creating in Santa Ana, resulting in a more vibrant local art scene. FUNDING The Santa Ana Arts and Culture Commission is seeking to fund grants in the amount of $5,000 and $10,000 to organizations that will enrich and invigorate the Santa Ana arts and culture landscape. Grants will be awarded for arts and culture nonprofit organizations to support programming costs, equipment, and special events. Funding will be provided through reimbursements for eligible Investing in the Artist expenses. Organizations must be financially viable in order to make the expenditures, submit receipts and documentation for reimbursement by the City. Funding may be applied towards artistic needs small and large, depending on the proposal. The Santa Ana Arts and Culture Commission supports special events, arts and cultural programming, and nonprofit essentials such as materials, supplies, special event production, and community engagement. Administrative and operational expenses are not eligible for funding. Grants will require a final report of outcomes achieved. ELIGIBILITY CRITERIA Nonprofit arts and culture organizations that meet the following criteria are welcome to apply: • Organizations with arts and culture focus Organization must be based in Santa Ana and /or serve Santa Ana communities City of Santa Ana employees, elected officials, and commission members are ineligible FUNDING REQUIREMENTS Organizations will be required to obtain/demonstrate the following prior to an award: • Current City of Santa Ana business license • Current General Liability insurance in the amount of $1,000,000 naming the City of Santa Ana as Additional Insured on a primary and non contributory basis • Active nonprofit status and good standing with IRS FUNDING PRIORITIES • Equipment /Supplies - Organization seeking funds for specific arts equipment or supplies • Special Event -Organization seeking funds to support a special event that will enrich the Santa Ana arts and culture community • Special Projects CONFLICT OF INTEREST The Arts and Culture Commission ( "Commission ") members are actively involved in the arts professionally and /or personally. The Commission desires to avoid situations which may com- promise, or appear to compromise, members' objectivity while not preventing their continuing involvement in the arts, or in projects supported by the Commission and City. If the Commis- sion member has a professional, fiduciary, or personal relationship with an applicant, the Com- mission member must notify the Commission of the relationship before the panel meeting or re- view of the applicant. The Commission member must also excuse himself /herself from the room during the discussion of the applicant, and may not discuss the application with any other mem- ber of the Commission prior to, during, or after discussion of the application. 25B -11 EVALUATION CRITERIA Organization applications will evaluated on the following criteria: • Project Merit - 50% • Organization Need - 25% • Potential Community Impact- 25% SUBMISSION REQUIREMENTS Applications must contain the following documents to be considered for funding: 1. Application Cover Sheet (use attached) 2. Checklist (use attached) 3. Organization Mission and History 4. List of Key Staff/Board of Directors (Resume /CV if applicable) Limit 2 pages. 5. Narrative for proposed use of funds and supplemental questions: o Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.). o Is this a new or existing program/project? o How will this project enrich the Santa Ana arts and culture community? Please do not exceed 2 pages for the narrative and supplemental questions. Please follow these formatting guidelines: Double spaced, 12 point Times New Roman. 6. Project Timeline (sample attached) 7. Line Item Budget (use attached) 8. One signed Letter of Community Support (preferably from within the community organization/professional seeks to impact). If letter is in language other than English, please provide English translation. Applications must be submitted by 4 P.M., April, 30, 2015 via one of the following methods: Mail /Hand Delivery: Website: City of Santa Ana www.submittable.com Investing In the Artist Grant Administration Community Development Agency M -25 20 Civic Center Plaza, 6th floor Santa Ana, CA 92701 CONTACT For questions regarding the application contact Kelly Reenders at (714) 647 -5336 or kreendersAsanta- ana.ora. ANTICIPATED TIMELINE 03/19/15 Applications available 04/02/15 Information Session 04/30/15 Applications due by 4 p.m. 05121115 Funding recommendations from Commission 06/1/15 Grants awarded /City of Santa Ana Agreement Development 06/18/15 Grant Recipient Reception 25B212 INVESTING IN THE ARTIST APPLICATION COVERSHEET APPLICATION DUE DATE: Thursdav, Auril 30 Cad, 4:00 P.M. Date Submitted: Organization Name: Organization Address: Contact Person/Title: Phone Number: Website: Brief Description of Project: Email: City Ward of Project: Tax ID #: Type of Application: ❑ Organization is based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana ❑ Organization is not based in Santa Ana and proposes to use grant funds to provide arts and culture programming in Santa Ana Need: ❑ $5,000 [-1$10,000 We are applying for: ❑ Programming Costs ❑ Equipment ❑ Special Events ❑Other City of Santa Ana, Community Development Agency 20 Civic Center Plaza, M -25, Santa Ana, CA 92701 (714) 647 -5360 258 -13 INVESTING IN THE ARTIST CHECKLIST ❑ Application Cover Sheet ❑ Checklist ❑ Organization Mission and History (1 page limit, Times New Roman 12 -point font, double- spaced, 1 inch margins) ❑ List of Key Staff/Board of Directors (1 Page) ❑ Narrative for proposed use of funds and supplemental questions (1 page limit, Times New Roman 12 -point font, double - spaced, 1 inch margins) Supplemental Questions: • Please describe any additional City of Santa Ana resources required for your project (permits, public space, licenses etc.)? • Is this a new or existing program/project? • How will this project enrich the Santa Ana arts and culture community? ❑ Project Timeline ❑ Line Item Budget ❑ One signed Letter of Community Support - preferably from within the community organization/professional seeks to impact (if letter is in language other than English, please provide English translation) 25 B- 4 INVESTING IN THE ARTIST SIMPLE PROJECT TIMELINE DATE ACTION OUTCOME 25B -15 INVESTING IN THE ARTIST LINE ITEM BLIDGET PROPOSED GRANT FUNDED PROGRAMMING SERVICES PERSONNEI Description of Personnel (contracted instructors, lecturer honorarium, artist stipend etc.) Total Compensation Grant Funds Requested Total Cost Grant Funds Requested F0IJIPMFNT_ MATFRIAI_S AND SUPPLIES ITEM (equipment, material and supplies) Quantity Unit Cost Total Cost Grant Funds Requested SPEC IAL EVENTS Description (permits, fees, facility rental) Total Cost Grant Funds Requested 25B -16 INVESTING IN THE ARTIST LINE ITEM BUDGET PROPOSED PROGRAM BUDGET PROPOSAL Enter budaet cateaories and oroiected expenditures for the nronosed nroamm- Category Expenditures Funded By Santa Ana Grant Expenditures Funded By Other Sources (Including in- kind) Total Program Budget Total Organization Budget Administrative Staff Salaries and Benefits Contractual/Professional Services /Stipends Equipment, Material, & Supplies Special Events Production TOTAL PROGRAM REVENUE LIST ALL OTHER PROGRAM RESOURCES 'Funding Source" total must equal "Total Program Budget" listed above. FUNDING SOURCE AMOUNT Santa Ana Artist Grant TOTAL PROGRAM BUDGET 25B -17 25B -18 ARTIST GRANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND This Artist Grant Agreement ( "Agreement ") made and entered this __ day of 2015, by and between the City of Santa Ana, a charter City and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "), and Individual Artist/Organization Name ( "Grantee ") and, collectively with City, the "Parties ", is for the purpose of providing grant funding pursuant to the Artist Grant Opportunity program. RECITALS: A. On March 17, 2015, the City Council authorized the release of the "Investing in the Artist Grant Opportunity Application," finding that it serves a legitimate public purpose to enrich and invigorate the Santa Ana arts and culture landscape. B. The Arts and Culture Commission reviewed all applicants and determined that Grantee is hereby awarded an artist grant based on its Application for its artwork ( "Project ") attached hereto and incorporated herein as Exhibit A. C. In undertaking the performance pursuant to this Agreement, Grantee represents that it is skilled and knowledgeable in the arts and culture arena and that any Project created or performed hereunder will be created or performed in compliance with such standards as may reasonably be expected from an artist. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth; the parties agree as follows: 1. Term. This Agreement shall be effective upon signature by both Parties and shall expire on unless terminated earlier in accordance with this Agreement. 2. Funding. 2.1. Subject to Grantee's performance of all required actions under this Agreement, City shall provide funding, in one or more disbursements, as reasonably determined by City, of an amount not to exceed Thousand Dollars ($ ) ( "Grant Amount" or "Grant "). 2.2. Appropriate performance of the Grantee will be determined by City in its sole discretion. City reserves the right to cease funding after each disbursement. 2.3. City represents that there is no correlation or connection between its selection of institutions for grant awards and an institution's business relationship or potential business relationship with City. 3. Grant Activities. Grantee agrees: 3.1. To perform the activities described in the Grant Application and Timeline submitted to City for consideration dated , 2015, a copy of which is attached as Exhibit A and incorporated into this Agreement as if set out in full. 3.2. To submit all reports (each, a "Report ") which shall include, at a minimum, the items set forth as required by the Application. No personally identifiable information shall be included in Exhibit .2 25B -19 any of the Reports, except where specifically requested. The Reports shall be in a format that is reasonably acceptable to City. City may request additional information as City, in its sole discretion, determines necessary to monitor performance of this Agreement. City shall have the right to use any Reports submitted by Grantee, or any portion thereof, for any reason. 3.3. To facilitate site visits, conference calls and audits of Grantee, as reasonably requested by City. 3.4. Grantee shall ensure that any areas utilized for the Project are maintained and restored to a well - maintained, safe, sanitary, and clean condition, and kept free of any hazardous waste at all times. All equipment associated with the installation of the artwork, trash and debris shall be removed and cleaned up on a daily basis. Grantee shall place a drop cloth or similar barrier on the ground below the artwork while installation is underway, which barrier shall be removed each day upon completion of an installation session. 3.5. The Project may not contain advertising, religious art, sexual content, negative or violent imagery, convey political partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or nature. 3.6. The Project may not include any breach of intellectual property, trademarks, brands, or images of illegal activity. 4. Termination, 4.1. City may immediately terminate this Agreement upon one or more of the following: 4.1.1. Grantee's violation of any federal, state or local law or regulation. 4.1.2. Grantee's breach of any of the terms or conditions of this Agreement, including the Application and Timeline, or any unapproved deviation from said documents which has not been cured within 30 days of written notice of such breach. 4.2. In the event the Agreement is terminated under Section 4.1, City reserves the right to require Grantee to refund any or all grant funds awarded to Grantee under this Agreement, and Grantee agrees to refund to City any or all grant funds awarded under this Agreement. 5. Limitation of Liability. 5.1, IN NO EVENT SHALL CITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXPENSES FOR ANY NEGLIGENCE, BREACH OF CONTRACT OR ANY OTHER ACT ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITIES COVERED HEREUNDER 5.2. Section 5 and Section 6 do not limit Grantee's rights, Including its ability to seek recovery, against anyone other than City, its directors, officers, employees, agents, successors and assigns. 6. Indemnification. 6.1 Grantee shall defend, indemnify, protect and hold harmless the City, or its elected and appointed officers, employees, members or agents from and against all claims for damages, liability, cost and expense (including without limitation attorney's fees) arising out of or alleged 25B -20 by third parties to the by the result of the negligent acts, errors or omissions or the willful misconduct of the Grantee, and Grantee's employees, subcontractors or other persons, agencies or firms for whom Grantee is legally responsible in connection with the execution of the work covered by this Agreement. Grantee shall have no duty to indemnify or hold harmless the City if claims, damages, liability, costs, expenses (including without limitation, attorney's fees) arise from the sole negligence or sole willful misconduct of the City subsequent to declaration by the Grantee. Grantee's obligations shall survive the termination of this Agreement. 6.2. Grantee agrees to hereby fully release and forever discharge the City from any and all claims, demands, damages, losses, and liabilities (hereinafter collectively referred to as "claims "), which are or may be related to or in any way connected with the negligence or willful misconduct of its officers, officials, employees, or agents in connection with the creation, painting, performance or installation of the Project hereunder. 6.3. Grantee further agrees that City may in good faith and on reasonable terms settle any such claims and that City's right to indemnification shall extend to any such settlement, provided City has given notice of such claim and its intent to settle. City's right to indemnification is in addition to, and may be exercised independently of, any remedy held by City under this Agreement, at law or in equity. The indemnity provision set forth in this Agreement shall survive the termination or expiration of this Agreement indefinitely. 7. General Provisions. 7.1. Grantee shall acquire prior written permission from City for any use of the City name or logo in association with its Project. 7.2. If any parts of this Agreement are held to be invalid or unenforceable, the remaining parts of the Agreement shall continue to be valid and enforceable. 7.3. This Agreement shall be construed and the rights and obligations of the Parties shall be determined in accordance with the laws of the State of California, with venue of any action arising out of this Agreement in Orange County, California. 7.4. Grantee shall comply with all governmental requirements which may now or in the future become applicable to its activities under this Agreement. 7.6. This Agreement, includes Exhibit A, Application, and any amendments or schedules hereto, contain the full understanding and agreement of the Parties with respect to its subject matter, and no waiver, alteration or modification of any of the provisions to this Agreement shall be binding unless in writing and signed by an authorized officer of both Parties. 7.5. No waiver by either party or any breach, default, or series of breaches or defaults, and no failure, refusal, or neglect of either party to exercise any right, power, or option given to it under this Agreement or to insist upon strict compliance with the terms of this Agreement shall constitute a waiver of these provisions with respect to any subsequent breach or waiver by either party or its right at any time thereafter to require exact and strict compliance with provisions of this Agreement. 7.6. Any notice or other communication required or permitted to be made or given by either party pursuant to this Agreement will be in writing and will be deemed to have been duly given: (i) five business days after the date of mailing if sent by registered or certified U.S. mail, postage 25B -21 prepaid, with return receipt requested; (ii) when transmitted if sent by facsimile, provided a confirmation of transmission is produced by the sending machine; or (iii) when delivered if delivered personally or sent by express courier service. All notices to City shall include a reference to the Project title. All notices will be sent to the other party at its address as set forth below or at such other address as such party will have specified in a notice given in accordance with this section: Grantee: City, City of Santa Ana Clerk of the Council (M -30) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 FAX (714) 647 -6956 7.7, This Agreement is subject to all applicable local, State and Federal laws 7.8. Grantee agrees to comply with all applicable equal opportunity and affirmative action laws as appropriate, Grantee shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, natlonal origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Grantee affirms that it is an equal opportunity employer (if applicable) and shall comply with all applicable federal, state and local laws and regulations. 7.9. Any funds provided under this Agreement that are not expended, obligated or otherwise committed by the termination or expiration of this Agreement shall be immediately returned to City. 7.10. Grantee shall maintain all pertinent financial and accounting records pertaining to this Agreement in accordance with generally accepted accounting principles and other procedures reasonably specified by City. Upon termination or expiration of this Agreement or request by City. Grantee shall provide, at its expense, copies of all financial and accounting records produced by it arising out of this Agreement. 7.11. Grantee shall allow audits, compliance or special reviews and inspections, including on- site inspection, with or without prior notice, of Grantee's facilities by City or by third parties designated by City, or their authorized representatives. Grantee shall provide its full cooperation for any such audit, review or inspection, including providing timely access, for examination and copying of records (including computerized records) pertinent books, documents, papers, computer programs and records and reasonable access to its personnel. 25B -22 7,12. Grantee grants to City a non - exclusive, irrevocable, transferable, royalty free, worldwide license to use, reproduce, display, distribute, and prepare derivative works for the Project conceived, performed or created as a result of this Agreement. 7.13. Grantee and any of the Grantee's agents, employees or representatives are, for all purposes under this Agreement, an Independent contractor and shall not be deemed to be an employee of the City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, work's compensation benefits, injury leave or other leave benefits. 7.14. Neither party shall assign any rights or obligations under this Agreement. 7.15. Each party covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 7.16. Each party warrants that they have executed this Agreement knowingly, freely and voluntarily and with full knowledge of its legal consequences. All parties involved warrant and represent that, prior to executing this Agreement, each party has had the opportunity to review and consider this matter with legal counsel, and that the terms of this Agreement, and its consequences, are fully understood by each party. 7.17. This Agreement represents the entire agreement and understanding between the parties, and supersedes any and all prior agreements and understandings between the parties, whether oral or written. 7.18. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 25B -23 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: Sonia R. Carvalho City Attorney z.5 By: Lisa Storck Assistant City Attorney RECOMMEND APPROVAL: Kelly Reenders, Executive Director Community Development Agency CITY OF SANTA ANA David Cavazos City Manager GRANTEE: Name: Title: 3 25B -24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: 1`I I �nlf]II) F CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL POLLO NORTENO RESTAURANT LOCATED AT 1327 EAST FIRST STREET - EDUAROO HERNANDEZ, APPLICANT (STRATEGIC PLAN NO. 3,2) —Z. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .1005 r, ❑ As Recommended ❑ As Amended Ordinance on 16' Reading ❑ Ordinance on 2 0d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -50. PLANNING COMMISSION ACTION On February 23, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -50 by a vote of 6:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control license in order to sell beer and wine for on- premise consumption at El Polio Norteno restaurant located 1327 East First Street in the General Commercial (C2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION El Polio Norteno is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant operates as a fast - casual, sit -down eating establishment that contains all necessary equipment to be considered for a Type 41 ABC license. The dining area contains approximately 32 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 7 :30 a.m, to 9:00 p.m. Monday through Sunday. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No, 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-1 Conditional Use Permit No. 2014 -50 March 17, 2015 Page 2 FISCAL IMPACT" There is no fiscal impact associated with this action. Vince Fregos AIC Interim ExecutivelDirector Planning & Building Agency IO:rb IC \Reports \CUP14 -50 EI Pallo Norteno Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31A-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: FEBRUARY 23, 2015 TITLE: PUBLIC HEARING — FILED BY EDUARDO HERNANDEZ FOR CONDITIONAL USE PERMIT NO. 2014-50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR EL POLLO NORTENO RESTAURANT LOCATED AT 1327 EAST FIRST STREET {STRATEGIC PLAN NO. 3, 2) Prepared by Ivan Orozco nterim Ex . csatty s erector -- PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended ❑ Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO Acting Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2014 -50. Reguest of Applicant Eduardo. Hernandez, representing El Polio Norteno restaurant, is requesting approval of a conditional use permit for a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing eating establishment located at 1327 East First Street. Establishments that sell alcoholic beverages require a conditional use permit (CUP) pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Protect Location and Site Description El Polio Norteno restaurant currently operates within an existing multi - tenant commercial center known as the First Street Plaza located at the northwest corner of First and McClay Streets. The center is approximately one -half acre in size and contains approximately 8,100 square feet of building area, El Polio Norteno is currently occupying 1,590 square feet of the total building area. A total of 37 on -site parking spaces are provided for the six different retail tenants in the center. The site is surrounded by commercial uses to the east and west, residential and a church use to the north, and the State Department of Motor Vehicles (DMV) to the south (Exhibits 1, 2 and 3). Protect Description El Polio Norteno restaurant is requesting approval of a Type 41 ABC license to allow the on- premise sale and consumption of beer and wine as part of the eating establishment's operations. The restaurant operates as a fast - casual, sit -down eating establishment that contains all necessary equipment to be considered for a Type 41 ABC license. The dining area contains approximately 32 seats, The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant are from 7:30 a.m. to 9:00 p,m. Monday through Sunday. No changes to the hours of operation are proposed at this time. EXHIBIT A 31A-3 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 2 The storage area for alcoholic beverages will be located in a refrigerator behind the service counter and within the existing walk -in cooler located to the rear of the kitchen area. The alcohol display and storage areas total 3.3 percent of the overall floor area. This percentage of alcohol storage is below the Santa Ana Municipal Code's maximum for eating establishments serving alcoholic beverages of five percent of the gross floor area of the restaurant (Exhibits 4 and 5). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently two active ABC licenses located within 500 feet of the project site in addition to the proposed license. These two ABC licenses include one Type 41 license (on -sale beer and wine) and one Type 47 licenses (on -sale beer, wine and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. Proiect Background El Pollo Norteho is a fast- casual, family oriented restaurant that offers a wide variety of dishes prepared with the restaurant's signature mesquite - grilled chicken. El Pollo Norteno occupies an existing 1,590 square foot tenant space that has contained a sit -down restaurant since 2001. Because the prior tenants at this space did not offer alcoholic beverages to their customers, approval of a new CUP for a Type 41 ABC license is required. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial land use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services, such as this restaurant, The project site is consistent with this General Plan land use designation. The site is located within the General Commercial (C -2) zoning district. The C -2 zoning district allows for retail and service uses such as restaurants, making the proposed use consistent with the zoning designation. Proiect Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: - -- --That- the - proposed- tisewilf-provide ervice or%—Gility whidhwill—Contribute— to the genera well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 3 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. + That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use, • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request, staff believes that the following findings of fact warrant approval of the conditional use permit. The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full- service dining experience within a family- oriented venue. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow SI Pollo Norteno to remain economically viable and contribute to the overall success of First Street Plaza, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 31A-5 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 4 The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment having suitable Kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties and encourages increased levels of capital investment. El Polio Norteno has undergone recent interior improvements to modernize the restaurant in order to enhance the dining experience. The restaurant is presently undergoing sign revisions to meet code requirements and to display a more attractive fagade which will attract residents and visitors to a more pleasant shopping experience. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at First Street Plaza. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Polio Norteno is located in a commercial area and its operations will be compatible with the surrounding businesses. El Polio Norteno is requesting a conditional use permit for a Type 41 ABC license. The site will be in compliance with all standards of SAMC Section 41- 196(g) for the on- premise sale of alcoholic beverages (Exhibit 6). These 25 operational standards will mitigate potential impacts on the adjacent uses and ensure the use does not become an attractive nuisance to the community. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in- the- Business-and- Professions -Code u- ctto- 23948- 4(c)(2), wh- (chwso are ufilizecftiy the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. 31A-6 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 1327 East First Street is located in Reporting District No. 225. This reporting district Is below the 20 percent threshold established by the State for high crime. The Police Department contends that the operational standards applicable to an on -sale ABC license will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the Saddleback Neighborhood Association. Staff contacted the presidents of the Saddleback and nearby Lyon Street Neighborhood Associations, who identified no concerns with the project, The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of printing of this report, no areas of concern were raised, nor had any correspondence, either written or electronic, been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking In a variety of forms. Categorical Exemption Environmental Review No. 2014- 155 will be filed for this project. Strategic Plan Alignment Approval of this Rem supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31A-7 Conditional Use Permit No. 2014 -50 February 23, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -50, IO:jm IOIRepo(WCUP14 -50 El P0110 Nonena Type 41 ABQPC Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 —Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31A-8 lEviffiffimmill M2 M; Mt R3 uu 2 M2 S�a Ma ne e ,:.. M2 MI AL: I ml , 1 t.7 „.. Mz.iev MT MI F nll E C2 I 1 Rz Ra ca M].iaw m %T) r czww cz �� Ca�u� 12mm Mi M1 MIS 4-1 nna M1 �z �A ,,_R "� D a RA fli Rd AS vn MI VN R3 Nd Ri R3 �' Mt MI q M2 M1 M q) R3 R5 T� Ri � flt MI MI • M7 3 RJ Rd fl3 l '° 1 At t— lkG;v-r –r� Ml �'1} R1 R1 $ RI kt 1 m In M1 M2 R1 0 R7 R1 .In •. n: SD.16 R1 R7 Rt RI R4 M2 A a Ot R1 RI M2 R7 R "I R1 R1 A R1 Ri flr i 3 R1 RI Mt ^At M I Al GR MLAGNO- OURALt -B IY+taMMOUnCKRON CSM CCMMMALSOMMAIN Ci OOMMUNiTYMAMMUCAL cI.MD ODSAM. comma IAUMU�EIM ofmct' C2 G91FAL XDWGUAL C3 CRd7PA1.R19NES5 O1.A CUMLDnNESSARR^ ADAGE G R WN SHOPFING( rffl CS AFMMLODMMElUAL SD -21 RI ll RI R I R1 R1 0 W W p., P � r y .qz nz u Rz Rz MI I � CA CCMMIMALRBD!?,IML GG GDV8;NMEN7CRPR3i M1 UGOTINOLOTIAL M2 HE WINDL6IMAL M0 MWTAReOFRRARONS O ORNSAM p FR)M 9ONAL. FD] PANN COMMUNItt OWUR.OPWNT PFf3 PANN®FESDWALDE OFM1 Li M1 _,__7 RI R4 W 9NMMMILYrd DDML m MOFAMILYSMOWCE R3 MULIINEDWsTYMULTiftE FAMILyrMDSJCE nA E BU1 NAP\WMM% FE IMDa MLEMTE so lymHc DsiaoFMmT :R' SIMnCFIAN CUP 2014 -50 � EL POLLO NORTENO TYPE 41 ABC '6,.„ 1327 EAST FIRST STREET - -500 F&f t" = tcoo RL>:r P L A N N I N G A N D_ UU I L D N _—GA G E N C Y EXHIBIT 1 VICINITY MAP 31A-9 IJ LtLL l H U IR C 3RD STREET w UJ'1 ]>, C H U R C H n JJW milli Z:* o d C H U C H S.F: 7, _ 2ND STREET LLw 0 CHURCH w N N _7M :RCIAL C M 1. IJ ffjE R C I L 7ST STREET C MM S T T E m M E R C I A L m WALNUT STREET 9G 'G it C 0 M M E R I A L S C H 0 0 L CUP 2014 -50 EL POLLO NORTENO TYPE 41 ABC P L A N N I N G A N D B U U I D Dl N G A G E N C Y LAND USE MAP EXHIBIT2 31A -10 F1' 1 311 C�ifj i , xp i t f 1 r= �� - � - iPl I 4 iti r 3i. 1 fi 1 t c t � y$ EXHIBIT 4 31A -12 1 — W h va r, 1,k, ,I;'_i, EXHIBIT 5 31A -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12;00 a.m, unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to ___- __45criminate -a ainst- patroons- based -on -- race,-- ethnicity -or- legal - status but- only - to----- - - - - -- comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times, EXHIBIT 6 1 of 4 31A -14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency, 10. Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height, 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for.,." or similar language. 13. Any pool tables, amusement machines or video games maintained on the premises at anytime must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC ") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31A-15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. Atimed- access cash controller or drop safe must be installed 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following Items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage safes and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. The location and description of any video games proposed to be on the premises. 3of4 31A -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency, 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31A -17 ROH - 02/23/15 RESOLUTION NO. 2015 -07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -50 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 1327 EAST FIRST STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2014- 50 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 1327 East First Street. B. Santa Ana Municipal Code Section 41 -196 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -50. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -50 to allow for the sale of alcoholic beverages for on -site consumption: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary service to the facility's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a full - service dining experience within a family- oriented venue. Slandands -arm -applicable to the alcoholic beverage coif license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2015 -07 Page 1 of 4 31A -18 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. The restaurant will offer a full range of meal options to its patrons and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other similar dining establishments found nearby in Santa Ana and the region that also offer a full selection of meals and alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow El Pollo Norteno to remain economically viable and contribute to the overall success of First Street Plaza, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer, wine, and distilled spirits pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full - service, bona -fide eating establishment having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2015 -07 Page 2 of 4 31A -19 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of restaurants with food and alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. El Pollo Norteno has been going through recent site and tenant improvements to clean -up any out of compliance requirements; these will allow the center to display an attractive shopping environment for residents and visitors. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment at First Street Plaza, Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. El Pollo Norteno will be located in a commercial area and its operations will be compatible with the surrounding businesses. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operating, permitting and licensing of existing private structures with negligible or no expansion of the existing use. The proposed application is to approve an alcoholic beverage control license and allow the sale of beer and wine within an existing structure that is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2014 -155 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -50. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 23, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -07 Page 3 of 4 31A-20 ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete (1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -07 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: Planning Commission Secretary City of Santa Ana 31A-21 Resolution No. 2015 -07 Page 4 of 4 31A-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2014 -53 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AT 828 PHO RESTAURANT AT 220 WEST FIRST STREET, SUITE 103 - YEN DANG, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 4) 11 CITY MANAGE RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 200 Reading Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2014 -53. PLANNING COMMISSION ACTION On February 23, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2014 -53 by a vote of 8:0 (Alderete absent) which approved a Type 41 Alcoholic Beverage Control (ABC) license in order to sell beer and wine for on- premise consumption at 828 Pho Restaurant located 220 West First Street, Unit 103 in the Specific Development No. 40 (SD -40) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The 828 Pho restaurant is located within a shopping center on First Street between Broadway and Sycamore Street, and has been in operation since 2008. The lot is developed with three commercial buildings, with the 828 Pho restaurant occupying approximately 1,800 square feet of a 4,071 square foot single -story commercial building. The applicant is requesting a Conditional Use Permit for a Type 41 ABC license to provide an additional amenity with meals. The restaurant contains all necessary equipment to be considered for a Type 41 ABC license. The hours of operation for the restaurant are from 10:00 a.m. to 8:00 p.m. seven days per week. Full sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). 31 B -1 Conditional Use Permit No. 2014 -53 March 17, 2015 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. n Vince Fregoso, ICP Interim Executive' rector Planning & Building Agency HS:rb h8:828Pho /cup14-53.cc Exhibit: A. Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; FEBRUARY 23, 2015 TITLE: PUBLIC HEARING — FILED BY YEN DANG FOR CONDITIONAL USE PERMIT NO. 2014-53 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AT 828 PHO RESTAURANT AT 220 WEST FIRST STREET, SUITE 103 (STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Hally 5oboleslce wuluiWiflif'iYi � PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request, • Staff Recommendation CONTINUED TO Adopt a resolution approving Conditional Use Permit No. 2014 -53. DISCUSSION Request of Applicant Acting Planning Manager Yen Dang, proprietor for 828 Pho restaurant, is requesting approval of a conditional use permit (CUP) to allow a Type 41 Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description The 828 Pho restaurant is located within a shopping center on First Street between Broadway and Sycamore Street, and has been in operation since 2008. The lot is approximately 1.7 acres in size and is developed with three commercial buildings with the southernmost building being two -story, the others single -story. The 828 Pho restaurant occupies approximately 1,800 square feet of the 4,071 square foot single -story commercial building (Exhibits 1 and 2). Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates there are currently 12 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 12 ABC licenses include four Type 41 licenses (on -sale beer and wine), five Type 47 ABC licenses (on -sale beer, wine and distilled spirits), one Type 20 license (off -sale beer and wine), one Type 21 (off -sale general for beer, wine, and distilled spirits), and one Type 48 (public premise beer, wine, and distilled spirits). However, this information does not affect the analysis or recommendation contained in this report. IW4011 =311 /1 31 B -3 CUP No. 2014 -53 February 23, 2015 Page 2 Project ®escriation The 828 Pho restaurant currently occupies an approximately 1,800 square foot suite in an existing commercial center. The center contains a mixture of commercial uses, including retail, office and service uses. In conjunction with the restaurant, the applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. The restaurant is a full service, sit -down eating establishment that has approximately 56 seats within its 630 square foot dining room. No outdoor dining is proposed. The on- premise sale of alcoholic beverages to customers Is intended to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will consist of approximately eight square feet, which is less than five percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The hours of operation for the restaurant are from 10:00 a.m. to 8:00 p.m. seven days per week. Project Backaround The 828 Pho restaurant has been in operation since 2008, The restaurant serves a variety of Vietnamese foods including noodle and rice dishes and specialize in pho (Vietnamese noodle soup). OC Weekly named their pho the Best of Orange County in 2009. General Plan and Zoning Consistency The General Plan land use designation for the site is General Commercial (GC). General Commercial areas are designed to provide highly visible and accessible commercial development along the City's arterial transportation corridors. General Commercial land uses provide important neighborhood facilities and services including office, retail and restaurants with ABC licenses. The project site is consistent with this General Plan land use designation. The zoning for the site is the Heninger Park neighborhood (56 -40) zoning district that allows for retail and service uses such as restaurants in this location, thereby making the proposed use consistent with the zoning code. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31 B -4 CUP No. 2014 -53 February 23, 2015 Page 3 e That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the City or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, . in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. The 828 Pho restaurant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine. The applicant intends to sell alcoholic beverages as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the proposed establishment is in compliance with the standards for establishments selling alcoholic beverages. The proposed alcoholic beverage license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The Type 41 ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. Operational standards are applicable to the alcoholic beverage control license which further emphasize the sales of alcohol as an ancillary use. The proposed license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards for the alcoholic beverage control license are in place that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State department of Alcoholic Beverage Control. 31 B -5 CUP No. 2014 -53 February 23, 2015 Page 4 • The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer alcoholic beverages for sale to their patrons. Moreover, the offering of alcoholic beverages as an ancillary product to food supports the establishment of a full - service restaurant. • The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use less than five percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. • The proposed use will not adversely affect the General Plan, Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the 828 Pho restaurant's ABC license will allow for successful dining and retail uses within Santa Ana. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes improving an existing food establishment. Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive, and the 828 Pho restaurant offers a family - friendly environment. Operational standards for the proposed Type 41 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The 828 Pho restaurant is located in a commercial corridor, on an arterial street, and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. MEW CUP No. 2014 -53 February 23, 2015 Page 5 The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 220 West First Street is located in Reporting District No. 166. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards will mitigate any potential negative impacts to the surrounding community. Public Notification The project site is located within the boundaries of the Heninger Park Neighborhood Association (SD -40), Staff contacted the president of the Heninger Park Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. The President did not identify any concerns at this time, and spoke In favor of the project, The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation; repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -159 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape Santa Ana into a thriving, culturally diverse, shopping, dining and entertainment destination). 31 B -7 CUP No. 2014 -53 February 23, 2015 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014 -53. Ha ly Sob# eske Associate Planner HS:jm hs:828Pho /cupl4- 93.pc. Attachments: Exhibit 1 - Vicinity Map Exhibit 2- Location Map Exhibit 3 - Site Photo (Entry) Exhibit 4 - Site Plan Exhibit 5 •- Floor Plan Exhibit 6 - Operational Standards for On -Sale Establishments MWOO PI y At R7 € _ XPU xnu Y - 5P SP -3 j " R3 .SP -3 fi ,W k Nn 3 I 31'1 fll SSP-3 a N2 nz nz a P R2 so I - Sp-3 R1 RI Pl m ni P2 �(`T'j P PT m9 arSD SP3 f 1 RI i q2 n2 IWI P I ]5 SP -3 P2 -.R2 So.3 i sI SP 3 • sj ; P R7 AI AI SP-3 I j P } P P : 5P.3 sP-3 SP-3 I P soaa 5D -20 O $P-3 s +� GC GC GC � ' G ' Gc Gc e G �. uc nt aMOT um�� cx�a.@ a UC u uc Pc-2 uc cic GC Z. ■ UC DT c m OT mi o w. 0 GC uc DT � DT DT Di � O ae OT D ❑° P --� P i DT DT P "l P sus 50.55 P �� I_jJS OT a �.... P 0 0 . �a OT DT A DF SD -13 P swn 1 SD -t K. I UC uc o uc i UC n F A2 R2 uwin I�L 72 I Souoaa 0 o C]p �2 PROJECTSITE` 11 11 I� SM SM SEE, R3 RT R3 ; •• ' O 'l ❑— Ilo1O� "' SM wo 03 Rs� n3 R3 r0 0 e n R21:.. M M LJ fltl n2 E y Rl I Al UNEPALAMOXTURAL} CR O3M1MGx0ALR23DFMIAL R1 SNGLEFAMILYFE'UBMAL -D PAMNOMMIHCATON Gc gommENTMw FM TAOFAMILYFMQ04CF OBM COM1MEMALSOUTHMAIN Mt UGHTINDUSMAL m MULTP.EDFNSWIOULRTLF C7 COMMUNNYCOMMODAL M2 HFAWINDLUMAL FAMILYF¢FJMW CI-MO COMM. COMMMAUMUMM DlWiGT MD MUTARfOPMOIONS Poi $JSURMNAPARIMM C2 GEN"LO)MMUML O GM SACS RE FMIDENIAL937A: C3 CWRALEUSNESS P PROF15HONAL 9 S�RCDENiGWMT C3A CSTWA SNIMARRSPALLAGE Flo FLANNMaNMUNNYUEvaOF4F3QI" 9 91KIRCRAN G MANN ®SIOPRNGCMP Uu PLANNO)SMOE MALD4H.OFMENT CS ARIINALCOMMEMAL '_, CUP 2014 -53 �I 828 PHt7 220 WEST FIRST STREET S SOb EE 1" =1M0 FEET P —LA N N —IN G A N D 8 UU I L D =IN G A G E N —C - Y EXHIBIT 1 VICINITY MAP 31 B -9 3RD STREET COMM. PARK 4 0 COMM, is m 2ND STREET MULTI- FAMILY COMM, ¢ MULTI - RESIDENCE u FAMILY R E S I D E N C E COMMERCIAL 0 U 1ST STREET a" lwJ w Q W: Z COMMERCIAL w w O � v o 0 w w w MULTI- COUNTY FAMILY RESIDENCE CUP 2014 -53 `.; 828 PHO1 220 WEST FIRST STREET, P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 B -10 W W C' H F H O = W CL 3 W ~ N � N 2 M N co EXHIBIT 3 31 B -11 i-- .0.1 —% .9 ,E o-d c E D 3 Y, E Fol 10o v co 4 3a�� f 0: r.0 S—( F(W r O '4 w LL LL LL O F-1 D V LL co } a 00 0❑0 ❑O ❑00 00 00❑ CD ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ O D 00 00n ❑ ❑ 000 ❑ ❑ EXHIBIT 4 31 B -12 N N r ii OO ❑ o w N CY) cc N co LL CO C O O e N U' Co M cV N rn z O a 0 a (n o (NO A rn U N Y O m C6 0a C N N C U Co R N O LL c cc n t 07 i U Oiu Q mc) 1 >>N0 v y a ? Q. LL N a N N d i f0 N 6 fa ❑❑ N z C = O c\l -a m +t., LOL w LL � j 0 CD y 7 LL W LL C7 2 -� a> N a r N N Y ❑❑ � Z m� O � C N Ol � N N N N n 0 ❑ -. . N N U i LL L n. c w `—° �N om D N _�.� 2 Y rtl LL r mz mo i N C Y L ❑❑ wow_ ai m '� c a a��oo an d u 0 N O ❑❑ ¢ ma o.rca >} MEN Q m u o EXHIBIT 4 31 B -12 75,000 SQUARE FEET 1.7 ACRES ZONING SD-40 SCALE 1 "= 40' -0" 1 1 Is: avrrya os i. ��4A4iA 0. 1!. g) PROPERTY OWNER: Ray Mottale — 220 W. tat Street Suite 210 Santa Ana, CA 92701 APPLICANT Yen Deng — home: 2822 Newport Blvd. Newport Beach, CA 92663 / 714.478.5390 Yen Deng — business: 220 W. 1 at Street Suite 103 Santa Ana, Ca 92701 1 714.568.0338 EXHIBIT 5 31 B -13 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sate establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered, The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12.00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons, Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages.. Such verification of age is not intended to discriminate against patrons based on race, ethnicity or legal status, but only to comply with state law restricting the sale of alcohol to those 21 and older. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31B-14 9. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. % Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "ail you can drink for —" or similar language. 11 Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 B -15 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22, Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit /potential intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises, 3of4 31 B -16 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4 of 4 31 B -17 ROld - 02/23/15 RESOLUTION NO. 2015 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -53 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE FOR THE PROPERTY LOCATED AT 220 WEST FIRST STREET, SUITE 103 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Conditional Use Permit No. 2014- 53 for a Type 41 (on -sale general) Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine for the property located at 220 West First Street, Suite 103. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption. C. On February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -53. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2014 -53 to allow for the sale of alcoholic beverages for on -site consumption: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed alcohol beverage license will provide an ancillary service to restaurant customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2015 -08 Page 1 of 4 31 B -18 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other restaurants in the area that also offer beer and wine for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. Policy 1.8 of the Land Use Element encourages a balance of land uses to address basic community needs through encouraging commercial services. Approval of the 828 Pho restaurant's ABC license will allow for successful dining and retail uses within Santa Ana. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for various goods and services, and this facility proposes improving an existing food establishment. Policy 2.9 of the Land Use Element supports developments that Resolution No. 2015 -08 Page 2 of 4 31 B -19 create a business environment that is safe and attractive, and the 828 Pho restaurant offers a family - friendly environment. Operational standards for the proposed Type 41 ABC license are intended to maintain a safe and attractive environment in Santa Ana. Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The 828 Pho Restaurant is located in a commercial corridor, on an arterial street, and is compatible with surrounding land uses. Restaurants with an ancillary alcohol license provide a dining service to the residents of Santa Ana. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the licensing of existing private structures and facilities when there is no expansion of the existing use, but allows the operation, repair, maintenance, permitting, or leasing of existing structures. Categorical Exemption Environmental Review No. 2014 -159 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -53. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated February 23, 2015 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman Resolution No. 2015 -08 Page 3 of 4 31 B -20 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -08 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: Planning Commission Secretary City of Santa Ana 31 B -21 Resolution No. 2015 -08 Page 4 of 4 31 B -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MARCH 17, 2015 TITLE: CONDITIONAL USE PERMIT NO. 2015 -02 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2015 -03 TO ALLOW AFTER -HOURS OPERATION UNTIL 2 :00 A.M. AT EQEKO CAFE LOCATED AT 309 WEST THIRD STREET - KAHROBA AYAZI, APPLICANT (STRATEGIC PLAN NOS. 3, 2; 3, 4) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading El Ordinance on 2ntl Reading ❑ Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03 as conditioned. PLANNING COMMISSM ACTION On February 23, 2015, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2015 -02 to allow a Type 41 Alcoholic Beverage Control (ABC) license in order to sell beer and wine for on- premise consumption and Conditional Use Permit No. 2015 -03 as conditioned to allow after -hours operation until 2:00 a.m. by a vote of 6:0 (Alderete absent) at the Eqeko Cafe located at 309 West Third Street in the Transit Zoning- Downtown (SD -84) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Eqeko Cafe currently occupies an existing single -story historic commercial building with a full - service restaurant. The site also contains a rear patio used for food service to the restaurant's patrons. The applicant is requesting approval of a Type 41 ABC license to allow the on- premise consumption of beer and wine to patrons at the restaurant, The current restaurant is a sit -down eating establishment that holds approximately 49 seats within its dining room. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use, Overall alcohol storage and display areas will contain approximately 29 square feet, which is less 2.2 percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display. 31 C -1 CUP Nos. 2015 -02 & 2015 -03 March 17, 2015 Page 2 The proposed hours of operation for the restaurant are seven days per week from 11:00 a.m. to 2:00 a.m. Operations past 12:00 midnight in the Transit Zoning Code (SD -84) require approval of a separate CUP. Full sized plans are available for public viewing in the Clerk of the Council Office, STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies) and Objective No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). FISCAL IMPACT There is no fiscal impact associated with this action k � Vince Fregoso, AICP Interim Executiv -Director Planning & Building Agency AP:rb apVaportsOaff Reports for MCUP15.2M Egelro Type 41 ABC= Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE. FEBRUARY 23, 2015 TITLE: PUBLIC HEARING — FILED BY KAHROBA AYAZI FOR CONDITIONAL USE PERMIT NO. 2015.02 TO ALLOW A TYPE 41 ALCOHOL BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO, 2015 -03 TO ALLOW AFTER -HOURS OPERATION AT EQEKO CAFE LOCATED AT 309 WEST THIRD STREET {STRATEGIC PLAN NOS. 3,2; 3,4) Prepared by Ali Pezesljk our Interi Execufior r PLANNING COMMISSION SECRETARY APPROVED Q As Recommended • As Amended • Set Public Hearing For DENIED p Applicants Request E7 Staff Recommendation CONTINUED TO Acting Planning+ Manager RECOMMENDED ACTIONS 1. Adopter resolution approving Conditional Use Permit No. 2015 -02. 2. Adopt a resolution approving Conditional Use Permit No. 2015 -03 as conditioned. Request of Applicant Kahroba Ayazi, representing Eqeko LLC, is requesting approval of a conditional use permit (CUP) for a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise sale and consumption of beer and wine at Eqeko Cafe, located at 309 West Third Street. In addition, the applicant is requesting approval of a separate conditional use permit that would allow the restaurant to operate until 2:00 a,m. Establishments that sell alcoholic beverages and that wish to operate between 12.00 midnight and 7:00 a.m. require respective conditional use permits pursuant to Section 41 -2007 of the Santa Ana Municipal Code (SAMC). Project Location and Site Description Eqeko Cafe occupies an historic commercial building constructed in 1932 that was listed as a Contributive structure to the Downtown Historic District in 1984. The building contains approximately 1,295 square feet and a rear patio that contains approximately 290 square feet. The entire lot contains approximately 10,000 square feet and is also developed with a portion of the Gilmaker Broadway Block commercial building immediately to the east. The project site is located near the northwest intersection of Broadway and Third Street. Surrounding land uses include commercial uses to the east and north, a public parking structure across Broadway to the east, offices to the west, and mixed -use commercial and residential to the south (Exhibits 1, 2 and 3). EXHIBIT A 31 C -3 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 2 Although overconcentration criteria are not applicable to on -sale ABC licenses, a review of the project vicinity indicates that there are currently 21 ABC licenses located within 500 feet of the project site in addition to the proposed license. These 21 ABC licenses includes nine Type 41 licenses (on -sale beer and wine only), ten Type 47 licenses (on -sale beer, wine and distilled spirits), one Type 48 license (public premise beer, wine, and distilled spirits), and one Type 23 license (brewery). These figures include operational establishments as well as recently - entitled locations that have yet to open. However, this Information does not affect the analysis or recommendation contained in this report. Project Description Eqeko Cafe currently occupies an existing single -story historic commercial building with a full - service restaurant. The site also contains a rear patio used for food service to the restaurant's patrons. The building has traditionally contained a mixture of commercial uses, including offices for law firms, medical offices for acupuncturists, and, most recently, an eating establishment. The medical office that previously occupied the subject tenant space vacated in early 2011. The applicant intends to maintain the current restaurant configuration, which features a dining room, kitchen, alcohol service and storage areas, and a rear patio dining area. The applicant is requesting approval of a Type 41 Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine to patrons at the restaurant. The current restaurant is a full service, sit -down eating establishment that holds approximately 49 seats within its dining room. The on- premise sale of alcoholic beverages to customers, which requires a CUP, is intended to provide a service ancillary to the primary restaurant use. Overall alcohol storage and display areas will contain approximately 29 square feet, which is less 2.2 percent of the floor area and is consistent with the SAMC requirement of maintaining five percent or less of the gross floor area of the restaurant for alcohol storage and display (Exhibits 4 and 5). The proposed hours of operation for the restaurant are seven days per week from 11:00 a.m. to 2:00 a.m. Operations past 12:00 midnight In the Transit Zoning Code (SD -84) require approval of a separate CUP. Project Background Following the success of William Spurgeon's founding of Santa Ana in 1869, Santa Ana's downtown area had expanded in each direction by the 1920s to include expanding commercial and civic - - - --- developments-- -T- -he- subject - building - vas-- constr�rcte -d-four - years — fte -tl cnnstu it'on of -the - --------- - adjacent Horton Building at 315 West Third Street, which features similar designs. Both buildings survived the 1933 Long Beach earthquake, which destroyed or significantly damaged many similar brick buildings in Downtown Santa Ana and the Southern California region. 31 C -4 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 3 Since its completion in 1932, the historic commercial building that is the subject of the proposed applications has contained a variety of uses. The building is notable for its blending of Mission Revival and Spanish Colonial Revival styles, containing brick construction, a wood - framed side gable roof clad in clay tile, and a small wood- framed quatrefoil window. The building is freestanding with the exception of a wall that acts as an extension of the main fagade. The current tenant, Eqeko Cafe, is the fourth venture of the applicant in central Santa Ana. Other businesses owned or co -owned by the applicant include nearby Tootsie Ice Cream, Last Call on Broadway, and Cafe Con Leche in the Lacy neighborhood. Eqeko Cafe, open since September 2014, features a specialized dining experience that focuses on Peruvian cuisine. Other than minor features such as signage, the applicant proposes no further exterior upgrades to the building in order to comply with the Secretary of the Interior's standards for historically-registered buildings. General Plan and Zonina Consistency The General Plan land use designation for the site is District Center (DC). District Center land -use districts provide highly visible and accessible commercial development along the City's arterial transportation corridors and provide important neighborhood facilities and services. The Downtown District portion of the District Center serves as one of the County's major employment and governmental operations centers complemented with a mix of residential, commercial, and services uses to enhance its urban vibrancy. The restaurant and the proposed Type 41 ABC license are consistent with this General Plan land use designation. The parcel is located within the Transit Zoning Code (SD -84) zoning district in the Downtown (DT) sub -zone. The SD -84 zoning district allows for retail and service uses such as eating establishments, making Eqeko Cafe's use consistent with the zoning designation. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit requests may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. 31 C -5 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 4 + That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. + That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. In analyzing these conditional use permit requests, staff believes that the following findings of fact warrant approval of the conditional use permits. Type 41 Alcoholic Beverage Control License (CUP No. 2015 -02) SAMC Section 41 -196 requires a. CUP for establishments selling alcohol for on -site or off -site consumption. The proposed ABC license will allow the proposed restaurant to offer an additional amenity and dining experience for its patrons that is consistent with other eating establishments in Downtown. Moreover, operational standards will mitigate potential impacts from the Type 41 ABC license (Exhibit 6). The following findings of fact form the foundation for staffs recommendation of approval for the CUP to allow a Type 41 ABC license. • The proposed Type 41 ABC license will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food- related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. • The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises and in a rear patio area, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 31 C -6 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 5 The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Eqeko, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as -a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize 2.2 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Eqeko Cafe's tenancy contributes to the maintenance and viability of the historic commercial building in which it is located. Further, Policy 2.9 of the land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Eqeko Cafe is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. After -Hours operations (CUP No 2015 -037 The proposed after -hours conditional use permit will allow the proposed restaurant to remain open past 12:00 a.m. until 2:00 a.m. The proposed use's location in a predominantly commercial area surrounded by offices, retail stores, service uses, and similar restaurants minimizes the possibility of concerns that are typically associated with after -hours operations where there is potential for noise or safety impacts to residential uses. Conditions of approval have been placed upon the use in order to mitigate these potential concerns. The following findings support the recommendation of approval for after -hours operations. 31 C -7 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 6 • The proposed after -hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12;00 midnight, which is consistent with that of other restaurants in Downtown. Conditions have been placed on this operation to mitigate any potential problems created by the after- hours operation to ensure that service past 12;00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. • The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. Further, the building's location in the heart of the Downtown Santa Ana commercial area mitigates several possible impacts from late -night operations. The primary restaurant activity takes place within the existing commercial building, and the patio area is located in the rear of the structure, away from sensitive uses. Further, the project site is surrounded by other commercial uses and public facilities. • The project site is situated in a commercial district that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and Downtown and affects the economic stability of the area in a positive manner. • As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to quality as an eating establishment, and operational standards applicable to the proposed ABC license will prevent or mitigate any impacts from the restaurant onto adjacent properties. • The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full - service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 encourages increased levels of capital investment. Eqeko Cafe's tenancy contributes to the maintenance and viability of the historic commercial building in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business 31 C -8 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 7 environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Eqeko Cafe is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. Police Department Analvsis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages and after -hours operation in order to ensure that the ,potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control (ABC). This section defines "reported crimes °' as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by State ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. The project at 309 West Third Street is located in Reporting District No. 165. This reporting district is 20 percent higher than the average number of reported crimes in all reporting districts. Although the crime rate is 20 percent higher, the Police Department contends that the operational standards and proposed conditions of approval will mitigate any potential negative impacts to the surrounding community. As a result, conditions of approval are included as required by the SAMC that will address any concerns. Public Notification The project is located within the boundaries of the Downtown Neighborhood Association. Staff contacted the presidents of the Downtown and the nearby Lacy Neighborhood Associations to ensure that they were notified of this project and to identify any areas of concern. The project site was also posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter, and mailed notices were sent to all property owners and tenants within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received. 31 C -9 CUP Nos. 2015 -02 & 2015 -03 February 23, 2015 Page 8 CEQA Compliance In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to allow the on- premise sale of beer and wine and after -hours operation at a full - service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015 -11 will be filed for this project. Strategic Plan Alignment Approval of this item supports the City's efforts to meet Goal No. 3 Economic Development, Objectives No. 2 (create new opportunities for businessljob growth and encourage private development through new General Plan and Zoning Ordinance policies) and No. 4 (continue to pursue objectives that shape downtown Santa Ana into a thriving, culturally diverse, shopping, dining, and entertainment destination). Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03 as conditioned. r Ali Pezeshkpour Assistant Planner I AP:jm aplreports \Staff Reports for PC\CUP15 -2 &3 Eqeko Type 41 ABC.pc Attachments: Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 — Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 C -10 59 sl 5� NI N) RT 's RI RI fli P R3- P3-. i 0 s Ia,)e "Ow i a R� nx Uo+ DuN R3. 5P I SP3 SP -3 euo "} srl w) l M5P.3 .) PE R2 Nx v F R2. c s3 5P.3 sna Ri ]RI R7 N nx R2 P' 02 sro 50 5Pd 4 @ @i P2 fl2 pE P 75 SP-3 5 Pt p „R2 I;SP3 )� u 3Pd J n p w R7 Rt R7 N� Np iE P sP3 I �� P SP3 5Pd 5P3 SP315) ^ � .v i .w SP -3 Se GC GC GC 'm)ccunreoa GC m uc or Uc • UC DT m nr M7 or u Uc uc G[ ® a or ® . 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VIER IAL C MMERCIA 4TH STREET Lu cc M ERCIAL 0 E C AL w cc h w In K ARKING U PARKING STRUCTURE w S RUCTURE m 3RD STREET r COMM. ¢ PARK ® w MIXED -USE ¢ z O COMM. m COMM. PROMENADE 2ND STREET MULTI - FAMILY RESIDENCE w COMM. MIXED -USE tr MULTI - FAMILY 0 RESIDENCE E:--- Q { V r 1ST STREET C MM R IAL PARKING �i OFFICE COMME PARKING O R0'�F�C°, I'm L07 S.I,TE CUP 2015 -2 & 2015 -3 EQEKO TYPE 41 ABC & AFTER HOURS P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -12 PARKING LOT COMME CIAL r- z CUP 2015 -2 & 2015 -3 EQEKO TYPE 41 ABC & AFTER HOURS P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -12 CUP NOS. 2015 -2 & 2015 -3 EQEKO TYPE 41 ABC & AFTER HOURS 309 WEST THIRD STREET SITE PHOTO EXHIBIT 3 31 C -13 'F1WP ¢1N16Y Gi WkY �AIVYCPP244V ss .._.. e......._..�_. p0119/ WuIMtl n•{� I puuswwwosw. d ,ty'� y a_+nnnrssn .P i � ntA'16 [flYl Aib{4lAIS ,f '� 4P° r IltYtepy'p t tee YIprPYi 9l f Yea• !c(�W�iC404nF.t f H3%�. ww. 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' NNY ➢]MJIn.IIAiGRMq. 7 +mGwruanvu Ji 'i o x pi allNtlAi#a ? 3i'ru+�s.Mr'"ci1°vwi�swv`.s �L, "Ye' y 1 '� � C,'.o,. „ mamimiR�nuXmrc �'11R+A1[LILYINb IP _.,,ewai .e »-.. move. enwixu rmaM •� ° j •~ ,r" �r n!!iAv }.. maiW.°Riiuux auiK l j ?d:o " ,;::I mrurmrm. uuu rt' ::ix` �`�.... wamimi�eavea� � n u�PSX�raw. —%'••• N aX" wlrwlra�ic�i "nn��cy°"x�r"'ra'Siw w$ii'.n �$�.�Nb�15YM�•^iai r. "a mmwa 809 W. THIRD STREET IN FIXTURE, INTERIOR & PATIO FLOOR PLAN aCAI�, 114'. i'_n' I 31 C -15 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1, The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. Full and complete meals must be served whenever the privileges of the on -sale license are being exercised. 2. There shall be no fixed bar or lounge area upon the premises maintained for the sole purpose of sales, service or consumption of alcoholic beverages directly to patrons. A fixed bar or lounge may be permitted if patrons may order food being offered to the general patrons of the eating establishment. 3. The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. unless otherwise amended by the granting of a conditional use permit for after -hours operations pursuant to Santa Ana Municipal Code Chapter 41. 4. It shall be the applicant's responsibility to ensure that no alcoholic beverages are consumed on any property adjacent to the licensed premises under the control of the applicant, with the exception of any enclosed patio areas. 5. The applicant or an employee of the licensee must be present to monitor all areas of the establishment, including outdoor patios, during all times that alcoholic beverages are being served or consumed. 6. All employees serving alcoholic beverages must complete Responsible Beverage Service Training, or an equivalent approved by the State Department of Alcoholic Beverage Control, prior to being able to serve alcoholic beverages to patrons. Evidence of the completion of such training must be maintained on the premises and available for inspection upon request by the City. 7. During those times when patrons are restricted to 21 years of age or older, the applicant shall at all times utilize an age verification means or device for all purchases of alcoholic beverages. Such verification of age is not intended to --------------discriminate—against ethnicity -or - legal -status —but only -to comply with state law restricting the sale of alcohol to those 21 and older. 8. Queuing lines shall be managed in an orderly manner and all disruptive and /or intoxicated patrons shall be denied entry. The business owner, or his designee, shall be responsible for monitoring the queuing lines at all times. EXHIBIT 6 1 of 4 31 C -16 g. The outdoor queuing line shall not block public walkways or obstruct the entry or exit doors of adjacent businesses. Stanchions or barriers must be used to maintain order at all times the queue exceeds 25 patrons. All stanchions or barriers located on public property must be approved by the Public Works Agency. % Employees and contract security personnel shall not consume any alcoholic beverages during their work shift, except for product sampling for purposes of employee education about new products. Under no circumstances may contract security personnel consume alcoholic beverages during their work shift. 11. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, that promote or indicate the availability of alcoholic beverages on the premises, interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Permissible window displays must be kept to a minimum for maximum visibility and shall not exceed 25 percent of window coverage. Floor displays shall not exceed three feet in height. 12. There shall be no promotions encouraging intoxication or drinking contests or advertisements indicating "buy one drink, get one free ", "two for the price of one ", or "all you can drink for..." or similar language, 13. Any pool tables, amusement machines or video games maintained on the premises at any time must be reviewed and approved in a security plan submitted to the Chief of Police. 14. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, shall be subject to the issuance of an entertainment permit pursuant to Santa Ana Municipal Code ( "SAMC") Chapter 11 — Entertainment, and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. 15. Neither the applicant, nor any person or entity operating the premises with the permission of the applicant, shall violate the City's adult entertainment ordinance contained in SAMC Section 12 -1 and 12 -2. 16. The premises shall not be operated as an adult entertainment business as such term is defined in SAMC Section 41- 1701.6. 17. The applicant(s) shall be responsible for maintaining free of litter the area adjacent to the premises under the control of the licensee. 18. There shall be no public telephones located on the exterior of the premises. All interior pay phones must be designed to allow outgoing calls only. 2of4 31 C -17 19. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee(s) shall be removed or painted within 24 hours of being applied. 20. Existing bona fide eating establishment and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). These code conditions will require that the existing project lighting, door /window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. Prior to issuance of Letter of Approval to the Alcohol Beverage Control Board, this condition must be complied with. 21. A timed - access cash controller or drop safe must be installed. 22. Install a silent armed robbery alarm. 23. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual that has been approved by the Police Department, addressing at a minimum the following items: a. Procedures for handling obviously intoxicated persons. b. The method for establishing a reasonable ratio of employees to patrons, based upon activity level, in order to ensure adequate staffing levels to monitor beverage sales and patron behavior. C. Procedures for handling patrons involved in fighting, arguing or loitering about the building, and /or in the immediate adjacent area that is owned, leased, rented or used under agreement by the Licensee(s). d. Procedures for verifying the age of patrons for purposes of alcohol sales. e. Procedures for ensuring that servers monitor patrons to ensure that their drinking limit/potential Intoxication is not exceeded. This procedure should include a description of the procedure the server would use to warn, or refuse to serve, the patron. f. Procedures for calling the police regarding observed or reported criminal activity. g. Procedures for management of queuing lines. h. The location and description of any video games proposed to be on the premises. 3of4 31 C -18 24. The operator shall be responsible for submitting a detailed outdoor fencing and dining plan where outdoor dining is proposed as part of the business operation. If the proposed dining area or fencing is in the public right of way, the applicant must obtain all required permits and approvals from the Public Works Agency. 25. Combined alcohol storage and display areas shall not exceed five percent (5 %) of the gross floor area of the licensed establishment. 4of4 31 C -19 ROH - 02123/15 RESOLUTION NO. 2015 -09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING: CONDITIONAL USE PERMIT NO. 2015 -02 TO ALLOW A TYPE 41 ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE PERMIT NO. 2015-03 AS CONDITIONED TO ALLOW AFTER -HOURS OPERATION FOR THE PROPERTY LOCATED AT 309 WEST THIRD STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2015 -02 to allow a Type 41 Alcoholic Beverage Control (ABC) license and Conditional Use Permit No. 2015 -03 to allow after -hours operation for the property located at 309 West Third Street. B. Santa Ana Municipal Code Section 41 -2007 requires a conditional use permit for the sale of alcoholic beverages for on -site consumption and for businesses operating between the hours of 12:00 a.m. and 7:00 a.m. C. On February 23, 2015, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2015 -02 to allow for a Type 41 ABC license: Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed Type 41 ABC license will provide an ancillary servicoto the restaurant`s- customers -by- allowing- them- the -- -- ability to purchase beer and wine with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control Resolution No. 2015 -09 Page 1 of 7 31 C -20 license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed Type 41 ABC license for the on -sale consumption of beer and wine at this location will not be detrimental to persons residing or working in the vicinity because operational standards to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. In addition, the use will occur within the interior of the premises and in a rear patio area, mitigating any potential impacts to the surrounding neighborhood. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants in Downtown and citywide that also offer a full selection of alcoholic beverages for sale to their guests and other visitors. Moreover, the offering of alcoholic beverages will allow Eqeko, a small business, to remain economically viable and contributes to the overall success of the Downtown Santa Ana commercial district, helping to decrease the number of vacant spaces that may affect the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full - service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize 2.2 percent of the gross floor area for the display and storage of alcoholic beverages, which is below the maximum threshold established by the Santa Ana Municipal Code. Resolution No. 2015 -09 Page 2 of 7 31 C -21 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors, especially those to Downtown, which continues to develop as a dining and retail destination with regional significance. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Eqeko Cafe's tenancy contributes to the maintenance and viability of the historic commercial building in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Operational standards for the proposed Type 41 ABC license will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Eqeko Cafe is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. E. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established for Conditional Use Permit No. 2015 -03 to allow for after hours operation: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed after -hours operations will provide an ancillary service to individuals that wish to have a late night meal. This will thereby benefit the community by providing a food - related amenity offering service past 12:00 midnight, which is consistent with thaLaf–other–restaurants-in_Downtown- Conditions have been placed on this operation to mitigate any potential problems created by the after -hours operation to ensure that service past 12:00 midnight will not negatively impact the surrounding community, such as requiring the establishment to maintain a complete food menu past Resolution No. 2015 -09 Page 3 of 7 31 C -22 midnight, disallowing outdoor restaurant activity, and limiting amplified sound to within the building past midnight. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The proposed after -hours operations will not be detrimental to those living or working in the area because conditions have been placed to mitigate any negative impacts on the community. These conditions are consistent with other eating establishments that have similar hours of operation and similar operational conditions. Further, the building's location in the heart of the Downtown Santa Ana commercial area mitigates several possible impacts from late -night operations. The primary restaurant activity takes place within the existing commercial building, and the patio area is located in the rear of the structure, away from sensitive uses. Further, the project site is surrounded by other commercial uses and public facilities. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The project site is situated in a commercial district that is appropriate for the proposed commercial use. The establishment of this restaurant within a vacant tenant space promotes a balance of land uses that enhances the City's economic and fiscal viability. Providing a variety of land uses in the area strengthens the economic base of the City and Downtown and affects the economic stability of the area in a positive manner. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? As conditioned, the proposed project will be in compliance with all applicable regulations and conditions imposed on an eating establishment operating after hours pursuant to Chapter 41 of the Santa Ana Municipal Code and the Transit Zoning Code (SD84) zoning provisions. The establishment will contain the necessary equipment to quality as an eating establishment, and operational standards applicable to the proposed ABC license will prevent or mitigate any impacts from the restaurant onto adjacent properties. Will the proposed use adversely affect the General Plan or any specific plan of the City? Resolution No. 2015 -09 Page 4 of 7 31 C -23 The proposed use will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full- service restaurants with extended hours of operation offers additional dining options for Santa Ana residents and visitors. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. Eqeko Cafe's tenancy contributes to the maintenance and viability of the historic commercial building in which it is located. Further, Policy 2.9 of the Land Use Element supports developments that create a business environment that is safe and attractive. Conditions of approval have been placed on this conditional use permit that will maintain a safe and attractive environment in Downtown Santa Ana. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Eqeko Cafe is located in a commercial area and its operations will be compatible with the surrounding commercial businesses. F. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15301. The Class 1 exemption allows the operation, repair, maintenance, permitting, or leasing of existing structures. The project proposes to allow the on- premise sale of beer and wine and after -hours operation at a full - service restaurant within an existing structure. No expansion of square footage or interior reconfigurations of square footages are proposed as part of the project. In addition, the structure is already served by municipal services, such as roadways, utilities, and parking in a variety of forms. Categorical Exemption Environmental Review No. 2015 -11 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2015 -02 and Conditional Use Permit No. 2015 -03 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated February 23, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2015 -09 Page 5 of 7 31 C -24 ADOPTED this 23rd day of February 2015 by the following vote: AYES: Commissioners: Bacerra, Bauer, Gartner, Mill, Nalle, Verino (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Alderete(1) ABSTENTIONS: Commissioners: None (0) Eric Alderete Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Ryan O. Hodge Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KAREN GERARDO, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2015 -09 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 23, 2015. Date: Planning Commission Secretary City of Santa Ana 31 C -25 Resolution No. 2015 -09 Page 6 of 7 EXHIBIT A Conditions for Approval of Conditional Use Permit No. 2015 -03 (After -Hours Operation) Conditional Use Permit No. 2015 -03 for after -hours operation is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 23038 of the California Business and Professions code and shall provide a menu containing an assortment of foods normally offered. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. All business activity on the site shall end by 2:00 a.m. There will be no outdoor restaurant activity after midnight. Any and all existing or new lighting on the building's exterior must be maintained in working order. 5. All exterior lighting will be directed towards the restaurant and /or sidewalk and not towards other properties. 6. There shall be no amplified sound used outside the building. 7. Live Entertainment, including but not limited to, amplified music, karaoke, performers and dancing, is subject to compliance with Santa Ana Municipal Code ( "SAMC ") Chapter 11 and shall comply with all of the standards contained therein. Notwithstanding this requirement, music /noise shall not be audible beyond 20 feet from the exterior of the premises in any direction. Resolution No. 2015 -09 Page 7 of 7 31 C -26 L M.,-, MEMORANDUM To: Mayor and City Council, Date: March 12, 2015 From: City Manager Subject: Community Proposal from Building Healthy Communities for a Wellness District Backeround On January 12, 2015, at the Finance, Economic Development and Technology Committee meeting, a group of residents and business owners, represented by Building Healthy Communities presented an item to the Committee related to a Market Study for the Downtown for Wellness Goods and Services. This presentation included a proposed resolution to direct the City Manager to establish a Wellness District for the Downtown. The report was presented by a Canadian firm, The Next Practice, and was commissioned by the California Endowment in collaboration with Building Healthy Communities. The report was prepared to support their efforts related to health and wellness activities. The members of the Committee requested the City Manager review the elements of the proposed resolution, meet with the members of Building Healthy Communities, and bring back this item to the City Council for discussion in March. The City Manager and staff meet with representatives of Building Healthy Communities on January 26, 2015 to provide initial comments and feedback from the City on the various elements of their proposed resolution. This was followed with a written response to the group on February 4, 2015. This response provided a point by point response for each of major requests that were listed in the proposed resolution. In addition, staff provided a listing of all city owned parcels as requested by the group. On March 4, 2015, Building Healthy Communities provided staff with a revised proposed resolution, comments to the City's responses, and a second proposed resolution related to the creation of a new community advisory committee for economic development planning. Staff has not had the opportunity to review or provide feedback on either of the revised wellness district proposal nor the new community advisory proposal. On March 11, 2015, a third revised proposal was submitted to the City. Staff has not had the opportunity to review the proposed changes in this version. Options A. Approve one or more of the Building Healthy Communities Resolution elements /proposals B. Request that staff continue working with Building Healthy Communities on their proposal and /or City Council direction WS -B -1 Attachment 1. Market Study for Wellness- Performed by the Next Practice on behalf of the California Endowment 2. Case Studies for Market, Study for Wellness 3. Community Proposal- Wellness District Resolution Version 1 4. Staff Responses to Version 1 5. Community Response to Staff Responses 6. Community Proposal- Wellness District Resolution Version 2 7. Community Proposal- Economic Development Advisory Committee 8. Community Proposal- Wellness District Version 3 WS -B -2 Exhibit I SANTA ANA WELLNESS DISTRICT A Study of Demand and Supply for Wellness Goods and Services in Downtown Santa Ana, California September 2014 The Neat Practice The Next Practice Ltd. Office +1- 416 -461 -1644 720 Bathurst Street Toronto, Ontario M56 2R4 Cell +1-416-303-0478 WS -B -3 CONTENTS 01. Introduction .................................................... ............................... 04 02. Summary of Key Facts and Findings ............. .............................04 03. Description of the Study ................................. .............................06 04. level 1 & 2 Analysis: Quantitative Market Research ................. 09 KeyFinding # 1 ................................................ .............................09 KeyFinding # 2 ................................................ .............................13 KeyFinding # 3 ................................................. .............................14 The Latino Downtown Revival Scenario ............................17 The Downtown Tourism Scenario ......... .............................19 The Post - Latino Downtown Scenario ... .............................19 Conclusions from the Quantitative Research ............................21 05. Level Analysis: Qualitative Market Research ...........................23 Conclusions from the Qualitative Consumer Research .............24 Summary of Further Inputs from Workshop Participants .......26 Appendix A. Methodological Notes ...................... .............................28 Al. The Study Area ......................................... .............................28 Downtown Santa Ana ............................ .............................28 Central Santa Ana .................................. .............................29 A2. Wellness Goods and Services .................. .............................29 A3. Consumer Segments and Spending Patterns .....................29 Segment Populations ............................ .............................29 Household Effective Buying Income ... .............................30 A4. Level 2 Market Analysis: Household Expenditure Allocations and Shopping Location Choices ....................30 Household Expenditures for Wellness Goods and Services, by Segment ..................... .............................31 Shopping Location Estimates, by Segment ......................31 A5. Level 3 Consumer Analysis: Qualitative Market Research.. 31 Appendix B. Wellness District Project Concepts .. .............................32 Bl. Fitness and Recreation Center .................. .............................33 B2. Micro Farm and Community Education Center ....................35 B3. El Mercadito Santenera Appendix C. Workshop Participants ..................... .............................39 The Next Practice WS—B-4 nta Ana Wellness District: A study of demand and supply for wellness goods and services TABLES Table 1. Definition of the Wellness Goods and Services Category .................................................................... .............................07 Table 2. Definitions of Key Consumer Segments Evaluated in this Study ........................................................ .............................08 Table 3. Wellness Retail and Food Services Demand- Supply Outcomes, Downtown and Central Santa Ana ...........................10 Table 4. Core Downtown /Civic Center, Wellness Retail and Food Services Demand- Supply 1 for 0.5 Mile Radius (Mortimer St. to Ross St., 8Th St. to Walnut St.) ..................................................................................... .............................11 Table 5. Extended Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply for 1.0 Mile Radius (Garfield St. to Flower St., Washington St. to Camile St.) ...................................................................... .............................12 Table 6. Estimated Current Expenditures for'Wellness' Goods and Services (Baseline) per Annum, by Consumer Segment ........................................ ............................... Table 7. Overview of Presented Consumer Scenarios for Core Downtown 'Wellness District' Development .............................16 Table 8A. Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler .......... .............................18 Table 811. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor ......................... .............................18 Table 9A. The Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler .. .............................20 Table 9B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor ...................... - ............................. 20 Table 12. Consumer Expenditures and Retail Sales per Gross Leasable Commercial Floor Area ( Gla) ............. .............................22 Table 13. Allocation of Household EBI to Household Expenditures .................................................................... .............................30 The Next Practice 3W S _ B _5ta Ana Wellness District: A study of demand and supply for wellness goods and services 01. Introduction This study evaluates prevailing market conditions for the pursuit of a'wellness' focused economic development strategy for downtown Santa Ana. The study was commissioned by The California Endowment (TCE) and was implemented by The Next Practice Ltd (TNP) in coordination with the Santa Ana Building Healthy Communities initiative ( SABHC). Research support for both the quantitative and qualitative market studies was provided by MASdata. The related community workshops would not have been possible without the contributions made by elected officials and staff of the City of Santa Ana, staff of St. Joseph's Health, and the participating community leaders and residents of Santa Ana. TCE has made a 10 -year commitment to support initiatives in central Santa Ana, as well as thirteen other California communities, that together can improve health and wellness outcomes for lower income residents. The Next Practice has been advising this Building Healthy Communities initiative on possible strategies for commercial/retail cluster development to facilitate more convenient and affordable access for lower income residents to the mix of services, retail goods, and amenities needed to support their improved health and wellness outcomes. Prior to the commencement of this study, the SABHC arranged for The Next Practice to meet with members of the Santa Ana City Council and the Office of the City Manager, so as to coordinate its research with other studies and initiatives for downtown development. The Next Practice subsequently exchanged its research plans with an economic development advisor to the City Manager. The SABHC further ensured that City Council Members and municipal professional staff were invited to participate in a workshop, where the preliminary findings of the study were presented and deliberated. City officials and staff have been supportive of the research, and provided valuable comments and observations regarding the preliminary findings. The full and final findings and conclusions are now presented in this report. 02. Summary of Key Facts and Findings Downtown Santa Ana is already a destination for the purchase of Wellness Goods and Services'. Groceries, meals and snacks, and pharmaceuticals and health aids are the top three sources of sales `surplus' in downtown Santa Ana. A sales surplus means that downtown retailers sell more than the total household demand for these types of merchandise by downtown residents. The estimated 2014 sales surplus for all Wellness Goods and Food Services in downtown Santa Ana is $67 million. From a commercial property performance perspective, downtown Santa Ana already has a local and regionally competitive function as a Wellness Goods and Services district. Sales of Wellness Goods and Food Services per leasable commercial area in downtown Santa Ana are already $1,774 per square foot (data based on large commercial properties), compared with $170 for the entire City of Santa Ana, and $368 for Orange County. A Wellness District economic development strategy could, in principle, further substantially increase sales per gross leasable area in downtown Santa Ana relative to other retail areas in the city and beyond. The greatest and most immediate potential for further Wellness Goods and Services sales growth in downtown Santa Ana is to improve offerings and to increase sales to the residents of central Santa Ana. Due to the number of households, their proximity, lower travel times to downtown, and the greater amount of time spent in or adjacent to downtown, the residents of central Santa Ana are by far the largest pool of available demand for increasing downtown sales of Wellness Goods and Services. This statement is substantiated by the three sales growth scenarios considered in this study. The Next Practice WS—B-6 nta Ana Wellness District: A study of demand and supply for wellness goods and services Although central Santa Ana residents have lower Effective Buying Income (EBI) than non - resident downtown commuters and weeknight /weekend visitors, they also have fewer alternative retail market areas than non - residents, especially considering their lower levels of car ownership. Non - resident segments can efficiently access a wider range of competing retail locations. Given the limited times of the week and day that commuters and visitors spend in downtown Santa Ana, they typically pursue a narrower range of shopping and services activities in downtown Santa Ana than the residents for whom the downtown has traditionally been a primary shopping area. Each of the three considered scenarios explored how to increase downtown Wellness Goods and Services sales by 80% over 2014 levels. Such an increase in sales reflects a $137 million per annum sales increase over the current baseline. The scenarios highlight the extent to which the most viable strategy for such an increase involves efforts to increase the downtown share of Wellness Goods and Services purchases by central Santa Ana households from the current estimate of 32% of their total household Wellness Goods and Services purchases being made downtown to 46% of their total purchases in this category being made downtown. Such an increase in downtown purchases would require a reallocation of just $300 per annum of central residents' existing purchases from non - downtown locations to downtown locations. The scenarios are further described below. In addition to the development of offerings by downtown fixed store locations, Non -Store Retailers account for a large share of sales in the downtown and in central Santa Ana market areas. Non -Store Retailers also account for a large share of the sales surplus in the downtown area. Non -Store Retailers are the NAICS subsector consisting of businesses that retail goods and services from vehicles, temporary stands and stalls, door -to -door solicitation, catalogues, broadcasting and the Internet. In downtown Santa Ana, Non -Store Retailers account for 16% of total retail sales. In central Santa Ana, Non -Store Retailers account for 25% of total retail sales. The surplus sales by Non -Store Retailers have two prominent implications. First, they indicate that households and institutional customers (e.g., in the Civic Center office area) are not finding competitive offerings from downtown fixed store retailers. They are therefore meeting their needs via on -line, catalog, and other non -store vendors. Downtown fixed -store retailers might be able to capture more of this local demand. Second, local households are comfortable purchasing goods and food services from vehicles, door - to -door vendors, and temporary stands and stalls. This suggests that there is potential to more strategically develop and support the vendor sector in the downtown area. 'Me Ncx t Practice 5WS _ B _7ta Ana Wellness District: A study of demand and supply for wellness goods and services 03. Description of the Study The study was designed to provide useful quantitative and qualitative market research findings to public and private sector parties who are involved in local economic development, property investment, and retail activities in downtown Santa Ana, which is the primary commercial/retail center for residents of central Santa Ana. The study was also specifically intended to provide guidance to SABHC and its participating community organizations regarding the opportunity to improve access to goods and services associated with health and wellness outcomes, especially by lower income central Santa Ana residents For purposes of data gathering and analysis for this study, "downtown Santa Ana" has been defined as the area within a 0.5 mile radius of E. 4" Street and Main Street. "Central Santa Ana" has been defined as the area within a 2.0 mile radius of E. 4th Street and Main Street or, alternatively, the seventeen census tracts located within a 2.0 mile radius of E. 4th Street and Main Street. The methodology used in preparing this study is generally described below. More detailed methodological notes are provided in Appendix A. In the first instance, the study required the definition of the `market basket' of health and wellness - related goods and services that constitute the category defined here as `Wellness Goods and Services,'to be explored as a focus for downtown economic specialization. The Wellness Goods and Services category needed to be distinguished from other goods and services types and commercial subsectors typically present in a downtown commercial district. Working within the constraints of available data based on NAICS industry codes, The Next Practice (TNP) consulted with SABHC to establish the Wellness Goods and Services category outlined in Table 1. With this wellness focus for economic development and retail strategy in mind, the study explored opportunities and requirements for the development and promotion of downtown Santa Ana as a Wellness District, at three distinct levels of analysis: Level 1 Analysis. Determination of the current status of retail merchandising in the market areas of downtown Santa Ana and central Santa Ana, specifically for Wellness Goods and Food Services. The Level 1 analysis relied substantially upon use of the Nielsen Claritas Retail Market Power model, using methodologies frequently applied in local retail market analysis across the United States. State sales tax data from the California Board of Equalization were also used for this purpose. Level 2 Analysis. Detailed determination of available household demand for Wellness Goods and Services purchases, specifically associated with five distinct consumer segments. This analysis enabled the evaluation of specific downtown retail/services strategies targeting offerings and sales growth for distinct consumer demographics. A description of the five distinct consumer segments considered in the study is provided in Table 2. The Level 2 analysis relied upon data from the U.S. Census American Community Survey (ACS), the U.S. Bureau of Labor Statistics Consumer Expenditure Survey, Nielsen Effective Buying Income (EBI) data, and data from other household income and expenditure reports. In addition to determining the median household EBI allocated to Wellness Goods and Services in each segment, the analysis allowed us to prepare three main scenarios for Wellness Goods and Services sales growth in downtown Santa Ana, based upon different assumptions regarding the primary future consumers in the downtown area. �1. The Next Practice WS—B-8 ma Ana Wellness District: A study of demand and supply for wellness goods and services Level 3 Analysis. Identification of the consumer preferences and lifestyle priorities of the two consumer segments offering the greatest potential for downtown sales growth (i.e., traditional central Santa Ana homeowners and rental tenants). This aspect of the study was undertaken to inform the preparation of specific Wellness Goods and Services projects for the primary resident demographics of central Santa Ana. The segments that were the focus of the qualitative research account for the majority of downtown Santa Ana retail purchases under all three of the considered scenarios. The qualitative research method used was in -depth interviews. Day -in- the -life accounts were documented for each of 40 central Santa Ana residents, including homeowners and rental tenants, as well as senior citizens, younger and older adults, and youth. This data was entered into a tool developed by The Next Practice (TNP) to identify lifestyle and shopping patterns and preferences. On the basis of the above three levels of market research, the SABHC convened a series of workshops to design some initial Wellness District project concepts. The concepts developed in these workshops are summarized in Appendix B. The findings of the research may also be useful for other retail and services development strategies for the downtown area, including by downtown business associations. TABLE 1. Definition of the Wellness Goods and Services Category The \, Practice 7WS-B _9ta Ana Wellness District: A study of demand and supply for wellness goods and services U.S. Bureau of Labor Statistics, ( onsumer NAI[S Business Establishments Categories Expenditure Survey Categories. Wellness Retail Goods & Food Services Health and Personal (are Drugs, Health Aids, Beauty Aids Health and Personal Care Stores (446) including Pharmacies & Drug Stores (44611), Cosmetics and Beauty Supply Stores (44612), Optical Goods Stores (44613) and Other Health and Personal Care Stores (44619 Food and Beverages Groceries and Other Foods Food and Beverage Stores (445), including Grocery Stores (4451) and Specialty Food Stores (4452) but excluding Beer, Wine and Liquor Stores (4453) Food Services Meals and Snacks Food Service and Drinking Places Q72), including Full Service Restaurants (7221), Limited Service Eating Places (1222), and Special Foodservices (7223), but excluding Drinking Places - Alcoholic Beverages (7224) Sporting Goods Sporting Goods Sporting Goods Stores (45111) Toys and Hobby Goods Toys, Hobby Goods, and Games Hobby, Toys and Games Stores (45112) and Sew /Needlework /Piece Goods Stores (45113) Music and Musical Instruments Audio Equipment and Musical Instruments Musical Instrument and Supplies Stores (45114), Pre-recorded Tapes, CDs, Record Stores (45112), but we have not included Electronics and Appliance Stores due to the breadth of the category definitions) Books and Periodicals Books Other Wellness Services Educational Services & [hildcare These categories are as defined in the U.S. Bureau of Labor Statistics, Consumer Expenditure Survey Health (are & Social Assistance The \, Practice 7WS-B _9ta Ana Wellness District: A study of demand and supply for wellness goods and services TABLE 1. Definitions of Key Consumer Segments Evaluated in this Study The N, Practice WS—B-10 ta Ana Wellness District: A study of demand and supply for wellness goods and services Number of Households Median Household MedianNouseholdE61 Median % Latino Background Income (2012) Householder A. Traditional(enlral 27,843' $48,502 $27,062 27 years 91% Santa Ana Renters This segment is defined to represent the profile of a traditional or typical household that rents a residence in Central Santa Ana. 'Central Santa Ana' is defined in our study as the 17 census tracts within a 2.0 mile radius of the downtown proper. B. Traditional(entral 13,651' $48,502 $22,238 Zlyears 82% Santa Ana Homeowners This segment is defined to represent the traditional profile of household that owns a residence in Central Santa Ana, and area defined in our study as the 17 census tracts within a 2.0 mile radius of the downtown proper. A key differentiation from segment A is the lesser amount of EBI due to increased housing costs. C. Weekday Downtown 25,000" I 72,143 I $40,22S 1 37 years (at) 23 %(%0 This segment is defined to represent the typical commuter to a place of employment in the downtown area, defined in our study as the area within a 0.5 mile radius of Commuters the downtown proper. These commuters are primarily residents of locations throughout Orange County. Their number is estimated by calculating the difference between the number of employed persons residing in the 0.5 mile area and the total number of persons employed within the same area of Santa Ana. Median household income and EBI Is based upon a weighted average of the different median incomes of automobile and transit users and of homeowners and renters in Orange County. For purposes of this study, any one commuter to employment in the downtown area is considered to be a'household; i.e., to have full discretion over their household's EBI. D. Weeknight and 75,000" 1 66,564 1 $35,215 1 37 years (est) I Unknown Weekend Destination This segment is defined to represent the profile of a household member who visits downtown Santa Ana on a weeknight weekend at least three times per year for Visitors cultural, recreational and /or shopping purposes. These visitors are considered to be primarily residents of an area within a 12.0 mile radius of the downtown proper. Median household income and EBI are based upon a weighted average of the different median incomes of automobile and transit users and of homeowners and renters, using ACS data. The median household income for this segment is close to the median Income for households within a 12.0 mile radius of the downtown, i.e., those who are more proximate to downtown Santa Ana than Orange County households more broadly. E New Downtown 310"' 1 $39,360 1 $19,5111 1 26 years (est) Unknown This segment is defined to represent a new downtown residential demographic settling in the downtown area proper. The segment typically has the profile of a university Settlers student or graduate, who primarily rents the place of residence. Actual number of households based on American Community Survey (ACS). " Estimated number of households represented by these commuters or visitors, based on Santa Ana - Garden Grove Alternatives Analysis Report, April 2014, pages 2 -2 thru 2 -4. «. Actual number of households in the immediate downtown census tract who have university -level education, based on the ACS. The N, Practice WS—B-10 ta Ana Wellness District: A study of demand and supply for wellness goods and services 04. Level 1 & 2 Analysis: Quantitative Market Research The main conclusions derived from the quantitative and qualitative research are summarized below. KEY FINDING #1 (Level 1 Analysis) Downtown Santa Ana already has evident locational advantages and retail specialization in the Wellness Goods and Services category. Sales of all types of merchandise and food services in the core downtown (0.5 mile radius of N. Main and 4th) are approximately $117 million more per annum than the demand from downtown households. Wellness Goods and Food Services account for $67 million or 57% of the total downtown sales surplus. In other words, Wellness Goods and Food Services are already an established competitive advantage for downtown Santa Ana, offering potential for further development. The question is: for whom (i.e., which consumer segments) will this development be focused? A sales surplus means that retailers in these merchandise and services categories are selling more than the total annual expenditures in these categories by households residing within the downtown area. Additional purchases are being made in the downtown by households located outside of the downtown area, creating the sales `surplus.' As with the downtown area, the central Santa Ana (2.0 mile radius) retail market area also generates a sales surplus. Households in and outside of central Santa Ana are together purchasing more in central Santa Ana than the total annual resident demand for Wellness Goods and Food Services in the central Santa Ana market area. Details on the estimated sales surplus (or gap) by type Wellness Goods and Food Services are presented in Table 3. Across all retail merchandise categories, in the core (0.5 mile radius) downtown of Santa Ana, groceries, meals, and health and personal care products are the three largest areas of current sales surplus. Therefore, these are downtown Santa Ana's current areas of retail specialization. The downtown sales surplus in Wellness Goods and Food Services contrasts with downtown sales gaps or deficits in other merchandise categories. Sales of beer /wine /liquor, specialty foods, childrens' wear, small appliances, sewing goods, curtains and blinds, toys and hobby goods, lawn and garden supplies, and vehicles are below the levels of demand of resident households located in the downtown. Some of these gap areas —such as specialty foods, and toys and hobby goods —may merit further development in light of their inclusion in the Wellness Goods and Services category and of the quantified local demand. Adding further nuance to the above findings, a study by Social Compact (2006) of downtown and central Santa Ana concluded that local residents in both areas were making a substantial amount of their purchases outside of central Santa Ana. This suggests that downtown Santa Ana could further build on its existing retail market power in Wellness Goods and Food Services by better servicing local demand while also continuing to upgrade existing competitive advantages and offers for non - resident customers. The specific sales surplus /gap findings are summarized in Tables 3, 4, and 5. The Nes� Next WS-B- jai Ana Wellness District: A study of dernand and supply for wellness goods and services TABLE 3. Wellness Retail and Food Services Demand - Supply Outcomes, Downtown and Central Santa Ana A sales surplus represents a situation in which the retail establishments in the studied area sell more goods and services than total demand for such goods and services from households located in the same area. A sales gap represents a situation in which the retail establishments in the studied area sell fewer goods and services than the demand for such goods and services from households in the market area. BY TYPE OF MERCHANDISE Consumer Expenditures of Residents (2014 est) Retail Sales (2014 est) Surplus Sales/ (Gap) 0.5 mile Downtown/Civic enter Santa Ana Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,730,360 Wellness - related Retail( includesallocationsfromGeneralMerchandiseStores- MAICS452) $65,246,304 $132,199,501 $66,953,197 Groceries $31,998,433 $52,113,452 $20175,019 Meals and Snacks $ 14,212,824 $38,994,052 $24,781,228 Health and Personal Care Goods $13,081,239 $30,678,854 $11,597,615 Sporting & Hobby Goods, Musical Instruments, Stereo Equipment, Photographic Equipment & Supplies, and Books $5,953,808 $10,353,143 $4,399,335 1.0 mile Central Santa Ana (17 census tracts) Total Retail Sales, including Eating and Drinking Places $1,908,171,820 $ 2,416,134,566 $ 508,562,746 Wellness- related Retail (includes allocations from General Merchandise Stores -NAILS 452) $793,193,988 $1,014,891,698 $221,697,710 Groceries $376,088,359 $354,806,001 - $21,282,358 Meals and Snacks $169,316,224 $176,355,230 $7,039,006 Health and Personal Care Goods $169,756,063 $376,116,254 $206,360,191 Sporting & Hobby Goods, Musical Instruments, Stereo Equipment, Photographic Equipment & Supplies, and Books $78,033,342 $101,614,213 $29,580,871 i The N, , Practice WS—B-12 ta Ana Wellness District: A study of demand and supply for wellness goods and services Table 4 and Table 5 summarize the downtown sales surplus (or gap) in the Wellness Goods and Food Services category by type of business establishment (by NAICS code), for both the core downtown/civic center area and for the extended downtown/civic center area. TABLE 4. Core Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply I for 0.5 Mile Radius (Mortimer St. to Ross St., 81h St. to Walnut St.) BY TYPE OF BUSINESS ESTABLISHMENT Consumer Expenditures (2014 esl) Retail Sales (2014 est) Surplus Sales/ (flap) Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,730,360 Total Sales by Wellness Goods & Food Services Establishments (excluding Wellness goods sold at General Merchandise Stores -452) $ 43,071,752 $ 88,181,224 $ 45,109,472 Food & Beverage Stores- 445(ex(IBeer, Wine &Liquor Stores) $16,868,063 $29,470,699 $12,601,636 Grocery Stores -4451 $14,931,319 $28,780,443 $13,843,124 Supermarkets, excluding convenience 6roceries -44511 $14,031,652 $28,539,385 $14,501,733 Convenience Stores -44512 $899,667 $241,058 $- 658,609 Specialty Food Stores -4452 $1,930,744 $690,256 $- 1,240,488 Pharmacy, Health & Personal Care Stores -446 $7,339,766 $12,627,959 $5,288,193 Sporting Goods, Hobby Book, Music tores -451 $ 3,179,957 $ 2,691,950 $ IB8,001 Sport Goods, Hobby, Musical Inst Stores -4511 $ 2,812,909 $1,455,132 $ 1,357,777 Book, Periodical & Music Stores -4512 $ 361,048 $1,236,817 $ 869,769 Restaurants & Foodservices-722 rev (excl Drinking Places) $15,683,966 $43,390,616 $27,106,650 full Service Restaurants -7221 $ 7,272,110 $16,680,883 $ 9,408,113 Limited Service Eating Places -7222 $6,643,889 $19,276,409 $12,632,520 SpecialFoodservices -7223 $1,767,967 $7,433,324 $5,665,357 Sales by other types of retail establishments Non -Store Retailers -454 12,3A,503 42,896,990 30,575,487 Data for downtown resident consumer demand and retail sales were generated using the Nielsen Claritas Retail Market Power model, projections for 2014. The NexPractice WS—B_1a3 Ana Wellness District: A study of demand and supply for wellness goods and services TABLE 5. Extended Downtown /Civic Center, Wellness Retail and Food Services Demand - Supply' for 1.0 Mile Radius (Garfield St. to Flower St., Washington St. to Camile St.) BY TYPE OF BUSINESS ESTABLISHMENT Consumer Expenditures (2014 est) Retail Sales (2014 est) Surplus/ (Gap) Total Retail Sales, including Eating and Drinking Places $146, 838,161 $ 259, 568, 521 $112,130,360 Total Sales by Wellness Goods & Food Services Establishments (excluding Wellness goods sold at General Merchandise Stores 452) $168,101,191 $164,019,143 $ - 4,081,654 Food & Beverage Stores -445 (excl Beer, Wine & Liquor Stores) $ 66,064,850 $ 61,385,136 $ - 4,679,714 Grocery Stores -4451 $58,496,219 $60,170,444 $1,674,225 Supermarkets, excluding Convenience Groceries -44511 $55,008,294 $58,203,751 $3,195,457 Convenience Stores -44512 $3,487,925 $1,966,692 $- 1,521,233 Specialty Food Stores -4452 $7,568,632 $1,214,693 $- 6,353,939 Pharmacy, Health & Personal Care Stores -446 $ 28,906,113 $ 25,896,099 $ - 3,010,674 Sporting Goods, Hobby Book, Music Stores -451 $12,971,175 $ 4,861,599 $ -8,109,576 Sport Goods, Hobby, MusicallnstStores -4511 $11,508,201 $3,024,781 $- 8,483,420 Book, Periodical & Music Stores -4512 $1,462,973 $1,836,818 $ 373,84S Restaurants & Foodservices -722rev(excl Drinking Places) $60,158,999 $71,876,309 $11,717,310 Full Service Restaurants -7221 $ 27,871,363 $ 35,123,448 $ 7,252,085 Limited Service Eating Places -1222 $25,496,208 $29,189,386 $3,693,178 Special Ioodse[vlces -7223 $6,791,428 $7,433,324 $641,896 Sales by other types of retail establishments Non -Store Retailers -454 49,246,941 1 145,552,559 96405,612 Data for downtown resident consumer demand and retail sales were generated using the Nielsen Claritas Retail Market Power model, projections for 2014. I he Tract a W@_ B _14 Car Ana Wellness District: A study of demand and supply for wellness goods and services KEY FINDING #2 (Level 1 Analysis) Non -Store Retailers (NAICS 454) are a critical contributor to the generation of the downtown sales surplus. As indicated in Table 4 and Table 5 above, Non -Store Retailers are the largest sector contributing to the downtown sales surplus, in both a 0.5 mile and 1.0 mile radius downtown market areas. Non - Store Retailers are enterprises that retail merchandise through door -to -door solicitation, in -home demonstration, selling from portable stalls (e.g., street vendors, except food), the broadcasting of infomercials, the broadcasting and publishing of direct - response advertising, and the publishing of paper and electronic catalogs. Non -Store Retailers account for 16% of all merchandise sales in the 0.5 mile radius core downtown area, and for 27% of the total sales surplus in this market area. Non -Store Retailers account for a noteworthy 57% of all merchandise sales in the extended (1.0 mile radius) downtown area, and for 85% of the total sales surplus in this extended downtown area. However, as noted, in the 1.0 mile radius market area, there is not a sales surplus of Wellness Goods and Food Services. The TNP study did not permit a detailed breakdown of sales by type of merchandise sold by Non -Store Retailers. However, it is clear that consumers and institutional buyers in the downtown area are very comfortable making purchases from Non -Store Retailers. Therefore, in developing a Wellness District strategy it will be important to: Consider how local fixed store establishments could more effectively capture the purchases made via online and catalogue retailers. Consider how non -store channels can be used to provide part of the overall `wellness' offer in the downtown area, specifically through the further development of indigenous forms of non -store retailing (e.g., food vendors); and how such a sector can better contribute via fees or tax collections to municipal investments and services in support of the Non -Store enterprise sector. The Nrtit Practice TW'_ B• IMAnaWellnessDistrict: Astudyofdemandandsupplyforwellnessgoodsandservices KEY FINDING #3 (Level 2 Analysis) A very substantial pool of household effective buying income (EBI)t is available to support a strategy for developing downtown Santa Ana as a wellness district with a distinctive Latino cultural and household living focus. Having established that downtown Santa Ana already exhibits a retail niche function in the Wellness Goods and Food Services category, it is possible to consider targets and scenarios for further increasing the sale of Wellness Goods and Services in downtown Santa Ana. Scenarios for increased sales are based on an analysis of the Effective Buying Income (EBI) and of the household expenditure patterns in each of five studied downtown consumer segments. The characteristics of these segments are summarized in Table 2. TNP's definition of EBI is more conservative than that used in other studies, including by Nielsen and Social Compact, which define EBI as after -tax income. TNP's estimation of EBI is gross household income minus taxes and housing costs, including utilities costs. Having established the median EBI for households in each of the five consumer segments, U.S. Bureau of Labor Statistics Consumer Expenditure Data is then used to determine the allocation of EBI to Wellness Goods and Services by households in each segment. The preparation of a strategy for downtown Santa Ana also requires estimation of the current and possible future geographic distribution of each segment's purchases between downtown Santa Ana business establishments and businesses located in other areas. The TNP scenarios applied standard retail analysis principles about shopping catchment areas. These principles include the following: • All things being equal, business establishments secure a higher percentage of purchases from proximate households than from households in more distant places. • Business establishments can secure a higher percentage of purchases from households that have lower travel time to the relevant market area than from households with a greater travel time to the relevant market area. • Business establishments can secure a higher percentage of purchases from households that have fewer proximate retail/commercial areas in which to choose to shop than from households that have a greater number of proximate retail/commercial areas in which to shop. • Business establishments can secure a greater range and higher percentage of purchases from households that spend more time in the relevant market area than from households that spend less time in the market area. The above principles suggest that residents of downtown and central Santa Ana would more reliably allocate a higher percentage of their Wellness purchases to downtown establishments than non - residents and visitors. Non - residents and visitors would allocate a greater percentage of their purchases to commercial areas located near to their homes and/or along their commuting routes. "The conventional measure of Effective Buying Income (EBI) is after tax household income. For purposes of this study, EBI is calculated as household income net of both of [axes, housing costs, home utilities and heating fuel. The amount of available EBI estimated in this study is therefore considerably lower and more conservative than typical studies of purchasing power or effective demand. � e Te Next WS—B-16" Ana Wellness District: A study of demand and supply for wellness goods and services On this basis, The Next Practice considered a variety of scenarios for increasing downtown purchases. The scenarios evaluated the impact upon total downtown sales of different increases in the expenditures made by each segment in the downtown area for their Wellness Goods and Services. Table 6 presents the estimated current allocation of Wellness Goods and Services expenditures to downtown establishments, which serves as the baseline for each of the three scenarios. TABLE 6. Estimated Current Expenditures for'Wellness' Goods and Services (Baseline) per Annum, by Consumer Segment The Next WS — B — 17 Ana Wellness District: A study of demand and supply for wellness goods and services TOTAL A. Traditional B. Traditional C. Weekday Downtown D. Weeknight/ Weekend E. New Downtown Settler All Consumer Central S.A. Central S.A. Commuter Destination Visitors Segments Renter Homeowner Estimated If of Households Shopping in Core 21,843 resident 13,651 resident 25,000 commuters 75,OOO visitors who 310 resident households Downtown Santa Ana` households households to downtown jobs make 3 visits per annum (representing 25,000 (representing 75,000 households) households) Nielsen Company estimate of Core $132,916,143 Downtown Wellness Goods &Food Services Purchases (2014 est)"' TNP estimate of current core downtown $132,428,345 $92,013,219 $37,071,246 $32,444,443 $6,719,877 $y042,067 Wellness Goods &Food Services Purchases, by segment" Estimated percentage of Wellness Goods 26% 26% 6% 1% 36% Food Services expenditures to (ore downtown Santa Ana establishments TNP estimate of Other Wellness Services $35,891,616 7,431,361 $18,445,117 $9,854,457 $160,682 Purchases in the core downtown, bysegment" Estimated percentage of Other Wellness 15% 15% 5% 0% 17% Services expenditures to core downtown Santa Ana establishments ' In preparing these estimates the term 'core downtown' was defined as the households and establishments within a 0.5 radius of the intersection of E. 4th Street and Main Street. " Based upon data from the ACS-American Community Survey (U.S. Census) and U.S. Bureau of Labor Statistics. See Appendix IT for a fuller description of methodology used. '**NielsenRMP Retail Opportunity Gap report on consumer demand and retail sales within the above downtown radius. Nielsen estimates do not include sales of educational services, childcare, health care services, and other social services. The Next WS — B — 17 Ana Wellness District: A study of demand and supply for wellness goods and services Three different scenarios for increasing the portion of Wellness Goods and Services purchased in the core downtown are summarized below. An overview of these three scenarios and of the differences between them is provided in Table 7. TABLE 7. Overview of Presented Consumer Scenarios for Core Downtown' Wellness District' Development SCENARIO Estimated % change (from baseline) in downtown Scenario change in number of segment Estimated total change (from 2014 baseline) Wellness Goods & Services sales customers for downtown establishments In downtown Wellness Goods and Services expenditures, all segments Segment Change in downtown purchases The Laft Downtown Central Homeowners 53 °% Number of customers from all segments held +$132 million Revival Scenario constant Central Renters +53% New Downtown Settlers' +37% Weekday Commuters '* +155% Weeknight /Weekend" Visitors 265% The Santa Ana Downtown Central Homeowners 0 °% Tripling of WeeknightlWeekend Visitors (from -$93 million Tourism Scenario 225,000 visits to 675,000 visits per annum). Number of other segments held constant Central Renters 0% New Downtown Settlers 0% Weekday Commuters 0% Weeknight /Weekend Visitors 955% The Post- Latino Downtown Central Homeowners -31% Tripling of Weeknight /Weekend Visitors (from +$100 million Scenario 225,000 visits to 675,000 visits per annum) and of New Downtown Settlers (from 310 to 930 house- holds). Number of other segments held constant Central Renters New Downtown Settlers -31% +311% Weekday Commuters +155% Weeknight /Weekend Visitors +9957 The estimated increase in downtown purchases by the New Downtown Settlers is low because the baseline already estimates that this segment spends 45 °% of its Wellness Goods and Services 'budget' In the downtown. Therefore substantially Increased downtown expenditures by this segment only arise when the number of households /customers in the segment is increased, as in the Post - Latino Downtown scenario. "The estimated percentage increase in downtown expenditures by these segments is large because the baseline estimate is that the allocation of commuters and visitors' Wellness Goads and Services'budget'to the downtown is currently low, given all of the shopping and services outlet options that are more proximate to their places of residence. The Nl ext Practice WS—B-18 ta Ana Wellness District: A study of demand and supply for wellness goods and services The Latino Downtown Revival Scenario This scenario is called the Latino Downtown Revival Scenario because it focuses primarily on better servicing the needs of traditional central Santa Ana residents and on investing in their traditional types of local business establishments, while also using the additional purchasing power of commuters, visitors, and the new downtown residential demographics to support revived and updated forms of Latino small business (e.g., cuisine; a mercadito, street vendors) and Latino cultural expression (e.g., music, dance). Of the scenarios presented here, the Latino Downtown Revival scenario takes the greatest `something for everyone' approach to downtown renewal.'Ihis scenario is presented in Table 8A and Table 8B. Under the Latino Downtown Revival scenario, the potential for increased Wellness Goods and Services sales in the downtown area is estimated to be as much as or more than $137 million in new sales per annum. Together, the households in the five considered consumer segments make only 7% of their total household Wellness Goods and Services purchases in the downtown area. Increasing downtown sales to these five segments by $137 million could be achieved by increasing the downtown market share of their Wellness Goods & Services purchases from 7% to 13 %. We estimate that the most accessible, certain, and cost - effective way to achieve such an increase is to further develop Wellness retail and services tailored to the two traditional central Santa Ana resident segments (i.e., home owners and renters), increasing their allocation of expenditures to downtown establishments from the current 26% of their household Wellness Goods and Services purchases to 39% of their purchases in this category The full -time residential proximity of these two segments to the downtown,and the lack of competing food store alternatives within a 2.0 mile radius, locates these households within a conventional primary retail catchment for the downtown. Tables 8A and 8B illustrate the changes in allocation of Wellness Goods and Services expenditures by all segments that could increase downtown sales by $137 million /year.The scenario also involves significant percentage increases in the downtown expenditures by the other three consumer segments (i.e., weekday commuters, new downtown settlers, weekend visitors). The Latino Downtown Revival scenario holds the number of households (including visitors) in all five segments constant, although these numbers may also be increased through affordable housing development, cultural programming, tourism promotion and other measures. The marginal increase in the dollar amount of each household's downtown expenditures to achieve the Latino Downtown Revival scenario target is also presented in these tables. TNP views such a shift in the allocation of household expenditures to downtown establishments to be reasonable and achievable. As noted, multiple alternative scenarios were also considered. Among these were a downtown tourism scenario and a scenario focused on a re- purposing the the downtown for non - traditional resident and visitor segments. The Next Practice WS—B-1,9 Ana Wellness District: A study of demand and supply for wellness goods and services Table 8A and 813: Latino Downtown Revival scenario for increased core downtown expenditures for `Wellness' goods and services, per annum, by consumer segment. TABLE 8A. Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler Consumer Segment Traditional Central S.A. Renter Traditional Central Homeowner New Downtown Settler 25,000 Downtown area employees 27,843 resident households 13,651 resident households 310 resident households Estimated lfof Segment Households Estimated %of Scenario% Estimated Estimated %of Scenario Estimated Estimated %of Scenario% Estimated 1% purchases cur- of purchases annual purchases cur- of purchases annual purchases cur- of purchases annual 10% rently made made in increase rently made made in increase rently made made in increase 1% in downtown downtown downtown in downtown downtown downtown in downtown downtown downtown Healthcare and Social Services Santa Ana Santa Ana purchases Santa And Santa Ana purchases Santa Ana Santa Ana purchases 2% $67 (scenario) $59 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT (UNDER THE 80% INCREASE SCENARIO) (scenario) $1,739 (scenario) Health & Personal (are Stores 35% 45% $57 35% 45% $47 40% 60% $86 Food and Beverage Stores 50% 65% $ 599 50% 65% $ 493 65% 80% $ 485 Food Services (excluding alcohol) 15% 25% $138 15% 25% $114 30% 40% $110 Sporting & Hobby Goods, Musical 10% 20% $236 10% 20% $194 15% 20% $ 79 Instruments, Books /Periodicals & Recreation Educational Services &childcare 15 °% 25% $171 15% 25% $141 20% 30% $112 Healthcare and Social Services 15 °% 1 30% $ 405 15% 1 30% 1 $ 333 15% 30% $ 294 Reallocation of part of Other 0% 5% $140 0% $115 5% $76 Discretionary Spending to additional Wellness purchases Per HOUSEHOLD ANNUAL INCREASE IN $1,746 $1,437 $1,242 DOWNTOWN PURCHASES AMOUNT (UNDER THE 80 %INCREASE SCENARIO) TABLE 8B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor Consumer Segment Weekday Downtown Commuter Weeknight /Weekend Destination Visitor Estimated # of Segment Households 25,000 Downtown area employees 75,000 (a person who visits at least three times per annum -225,000 visits per year) Estimated% of purchases currently made in downtown Santa Ana Scenario %of purchases made in downtown Santa Ana Estimated annual increases downtown purchases (scenario) Estimated% of purchases currently made in downtown Santa Ana Scenario %of purchases made in downtown Santa Ana Estimated annual increase downtown purchases (scenario) Health& Personal Care Stores 5% 10% $42 0% 1% $7 Food and Beverage Stores 5% 10% $ 235 0% 0% $ 0 Food Services (excluding alcohol) 10% 20% $ 202 4% 10% 1 $ 89 Sporting& Hobby Goods, Musical Instruments ,Books /Periodicals & Recreation 5% 10% $208 1% 3% $73 Educational Services & Childcare 5% 15% $394 0% 3% $104 Healthcare and Social Services 5% 20% $591 0% 0% $0 Reallocation of part of Other Discretionary Spending toadditional Wellness purchases 2% $67 2% $59 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT (UNDER THE 80% INCREASE SCENARIO) $1,739 $332 The Next a WS—B-20 ta Ana Wellness District: A study of demand and supply for wellness goods and services The Downtown Tourism Scenario In this scenario the number of weeknight /weekend visitors was increased threefold, to 225,000 visitors making at least three visits each per annum (or to a total of 675,000 visits per annum). The downtown expenditure allocation of these visiting households is also increased as in the above Latino Downtown Revival scenario. The downtown expenditures of the four other segments are held at the current baseline levels. Under such a scenario, downtown Wellness Goods and Food Services sales could be increased by $70 million and Other Wellness Services sales by $23 million, resulting in a total potential increase in purchases of $93 million per annum. Such an increase (which is $44 million less than the Latino Downtown Revival scenario) would likely require substantial further conversion of downtown properties to service the non - resident demographic, as well as considerable development of downtown festivals and events programming and marketing to achieve and sustain such visitor numbers. The prospect of downtown expenditure declines by central Santa Ana residents would need to be considered under this scenario; such declines have not been factored in the above figures. The Post - Latino Downtown Scenario If the expenditures of non - resident segments were substantially increased through a tripling of downtown visitors and also a tripling of new downtown settlers, and through the associated re- purposing of downtown properties for visitors and commuters, then an estimated $100 million in increased Wellness Goods and Services purchases could be achievable (consistent with the assumptions and principles applied in the other above scenarios). Such a scenario has to consider the displacement of existing downtown expenditures by traditional central Santa Ana residents, due to the displacement of their retailers and service providers. For this scenario, we apply a 31% decrease in downtown Wellness Goods and Services expenditures by traditional central Santa Ana residents. However, we estimated a smaller decrease in downtown Food and Beverage Stores purchases by these traditional Santa Ana residents of only 25 %, given the proximity of Food4Less and Northgate in particular. (Even under current conditions, our qualitative research identified instances of central Santa Ana residents shifting their food shopping to superstores such as Costco. The loss of resident identification with the downtown could instigate a further trend towards shopping from large format retail chains and discounters. That being said, the low car ownership of central residents would support continued downtown food shopping by this segment.) Under this scenario, the amount of household Wellness Goods and Services purchases made downtown by central Santa Ana residents would decline from 32% to 23% of their total household purchases in this category. The biggest negative dollar -of -sales impact would be on Groceries, which is the segments' largest category of Wellness Goods purchases.There would be a loss in an estimated $12 million in sales in this category. It is not expected that Weeknight/Weekend Visitors would do grocery shopping downtown, and the estimated increase in the number of New Downtown Settler households purchasing groceries in the downtown area would not replace the reduced sales to central Santa Ana residents. The Post - Latino Downtown scenario would leave unaddressed the substantial, underserved demand for Wellness Goods and Services by central Santa Ana households. This demand would need to be addressed in other convenient Santa Ana commercial locations. The details of the Post - Latino Downtown scenario are presented in Table 9A and Table 9B. The Next Practice WS—B-2 ii Ana Wellness District: A study of demand and supply for wellness goods and services Table 9A and 911: Post- Latino Downtown scenario for increased core downtown expenditures for `Wellness' goods and services, per annum, by consumer segment. TABLE 9A. The Traditional Central S.A. Renter, Traditional Central Homeowner and New Downtown Settler Consumer Segment Traditional Central S.A. Renter Traditional Central Homeowner New Downtown Settler Estimated If of Segment Households 27,843 resident households 13,651 resident households 930 resident households This scenario assumes an increase in the New Downtown Settler and Weeknight/Weekend Visitorsegment households, as well as increase in per household downtown expenditures. Estimated% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown Estimated °% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown Estimated% of purchases currently made in downtown Santa Ana Scenario% of purchases made in downtown Santa Ana Estimated annual increase downtown purchases (scenario) purchases (scenario) purchases (scenario) Health& Personal Care Stores 35% 21% -$80 35% 21% -$66 40% 60% $86 Food and Beverage Stores 50% 30% -$500 50% 30% $ 410 65% 80% $ 485 Food Services (excluding alcohol) 15% 9% -$83 15 °% 9% -$ 68 30% 40% $110 Sporting & Hobby Goods, Musical Instruments, Books/ Periodicals & Recreation 10% 6 °% -$94 10% 6% -$18 15% 20% $19 Educational Services &Childcare 15 °% 9% -$103 15% 9 °% -$85 20% 30% $112 Healthcare and Social Services 15% 9% -$162 15% 9% -$133 15% 30% $294 Reallocation of part of Other Discretionary Spending to additional Wellness purchases 5% 0% $0 0% 0% $0 Healthcare and Social Services 5% $76 Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES AMOUNT 0% 0% $1,022 $840 $1,242 TABLE 9B. The Weekday Downtown Commuter and Weeknight /Weekend Destination Visitor Consumer Segment Weekday Downtown Commuter Weeknight /Weekend Destination Visitor Estimated 4 of Segment Households 25,000 225,000 Downtown area employees (a person who visits at least three times per annum- 615,000 visits per year) This scenario assumes an increase in the New Downtown Settler Estimated% Scenario %of Estimated Estimated% Scenario %of Estimated and Weeknight /Weekend Visitor segment households as well as of purchases purchases made in annual increases of purchases purchases made in annual increase an increase in per household downtown expenditures. currently made in downtown Santa downtown currently made in downtown Santa downtown downtown Santa Ana purchases downtown Santa Ana purchases Ana (scenario) Ana (s(enario) Health& Personal Care Stores 5% 10% $42 0% 1% $1 Food and Beverage Stores 5% 10% $ 235 0% 0% $ 0 Food Services (excluding alcohol) 10% 20 °% $ 202 4% 10% $ 89 Sporting & Hobby Goods, Musical Instruments, Books /Periodicals 5% 10% $208 1% 3% $13 & Recreation Educational Services & Childcare 5% 15% $394 0% 3% $104 Healthcare and Social Services S% 20% $591 0% 0% $0 Reallocation of part of Other Discretionary Spending to additional 2% $ 67 2% $ 59 Wellness purchases Per HOUSEHOLD ANNUAL INCREASE IN DOWNTOWN PURCHASES $1,139 $332 AMOUNT (UNDER THE 80% INCREASE SCENARIO) The 1\cxPractice WS—B-22 ta Ana Wellness District: A study of demand and supply for wellness goods and services Conclusions from the Quantitative Research The purpose of a study of this nature is to identify the variety of market - viable economic development scenarios for a downtown or other district, such as Santa Ana's historic downtown. The study identifies the breadth of available market opportunities, and the trade -offs and choices available to policy makers, local businesses and their associations, investors, and the public in considering the pursuit different strategies. Towards this end, the study constructed and used a scenario model to estimate current and future Wellness Goods and Services purchases in downtown Santa Ana by five different consumer segments. The model was used to estimate possible increases in Wellness Goods and Services sales in the downtown, based upon estimated changes in the number of customers /households from each segment and upon the allocation of their Wellness - related expenditures to downtown business establishments. Each scenario highlights different directions and priorities for downtown renewal and marketing. Under all the reasonable scenarios considered, two segments consistently demonstrated the potential to significantly impact total downtown Wellness Goods and Services sales. These segments are the traditional central Santa Ana homeowners and tenants. Although these two segments have lower Effective Buying Income (EBI) than the non - resident segments, they are more proximate, have lower travel times, and spend more time in or adjacent to downtown than the weekday commuters and weeknight/weekend visitors. As well, they have fewer alternative retail market areas than the non- resident commuters and visitors, especially considering their lower levels of car ownership. In contrast, the non - resident segments can efficiently access a wider range of retail locations. Given their limited times of the week and of the day in downtown Santa Ana, the weekday commuters and the weeknight/ weekend visitors are also expected to do a narrower range of their retail shopping activities in downtown Santa Ana than the segments for whom the downtown has traditionally been a primary shopping area. Our conclusion is that the most immediately viable opportunity for increasing downtown Wellness Goods and Services sales, which also offers the greatest potential increase in downtown sales, is to improve and multiply the Wellness retail and services offerings for the residents of central Santa Ana. Such a strategy for downtown economic development could also directly address two additional priorities: Addressing the wellness and health needs of central Santa Ana residents, as a social policy and community development priority Preserving and improving the downtown as a distinctive shopping, recreational and touristic destination for downtown commuters and for weeknight and weekend visitors from Orange County and beyond, in particular by preserving and accentuating the cultural distinctiveness and authenticity of the historic downtown relative to competing downtown retail/commercial centers in Orange County. The Next Practice W S _ B _23Ana Wellness District: A study of demand and supply for wellness goods and services TABLE 12. Consumer Expenditures and Retail Sales per Gross Leasable Commercial Floor Area (Cla) City of Santa Ana (2012 CA Taxable Sales) 3,987,568 $ 2,518,026,000 $ 631 $ 676,714,000 $170 Under any scenario, the contributions of both fixed location retailers and of Non -Store Retailers should be considered, recognizing the substantial market share of Non -Store Retailers in downtown and central Santa Ana. Specifically, the promotion of food vendors, pop -up markets, mercaditos, and other kinds of vendors could be examined as a way to rapidly augment existing offerings in the downtown, while supporting local livelihoods. A growing number of U.S. cities have demonstrated effective Non -Store Retail strategies and policies, including the establishment of licensing and fees regimes, resulting in a substantial contribution of the Non -Store sector to downtown area market awareness, retail foot traffic, and sales. Public policy makers substantially shape market opportunities through the use of regulations, taxation and special assessments, public finance, public investments in infrastructure, streetscapes, facilities and services; through the disposition of public lands, public and quasi -public development agencies and utilities, and public marketing and communications. Private property developers and investors substantially influence market opportunities through their choices between alternative business models (e.g., build -sell; build -hold- manage) and building types. In an economically vibrant region like southern California there is no single `market' or market opportunity. Market opportunities are crafted through coordinated government, civic, and private sector choices to pursue a common market opportunity. The preparation of development scenarios, as in this study, highlights the pros, cons, and challenges of different choices. The City of Santa Ana has in the past applied a number of public sector instruments to shape the market for downtown investment and re- development. It is noteworthy however that, unlike many lower income districts in California and beyond, there is no community development corporation in Santa Ana to work with local government, local retailers and residents, the real estate and construction sector, and investors to implement strategic development projects geared towards the established residential population of central Santa Ana. Pending the establishment of such an institutional capacity, the Santa Ana Building Healthy Communities initiative has developed concepts for some smaller commercial and property- related projects that would begin to address Wellness priorities of local residents. These concepts are presented below in Appendix A. The Next Practice WS—B-24 ta Ana Wellness District: A study of demand and supply for wellness goads and services Core Downtown Central Santa Ana Central City of Orange County Santa Ana (Nielsen 2.0 ml Orange (Nielsen (Nielsen l2.0ml (Nielsen 05.mi radius) 2,Omi radius) radius) radius) GROSS LEASEABLE COMMERCIAL FLOOR AREA (GIA) 74,510 2,198,185 1,596,664 44,218,780 RETAIL MERCHANDISE SALES 2014 Downtown Sales (2014 $259,568,521 $2,416,734,566 $1,822,013,917 $40,081,919,435 (Intl Eating and Drinking Places) - est) Sales /GIA $3,484 $1,099 $1,141 $906', WELLNESS MERCHANDISE RETAIL Downtown Sales (2014 est) $132,199,501 $1,014,891,698 $727,194,384 $16,269,652,467 Sales /GLA $1,774 $462 $455 $366 City of Santa Ana (2012 CA Taxable Sales) 3,987,568 $ 2,518,026,000 $ 631 $ 676,714,000 $170 Under any scenario, the contributions of both fixed location retailers and of Non -Store Retailers should be considered, recognizing the substantial market share of Non -Store Retailers in downtown and central Santa Ana. Specifically, the promotion of food vendors, pop -up markets, mercaditos, and other kinds of vendors could be examined as a way to rapidly augment existing offerings in the downtown, while supporting local livelihoods. A growing number of U.S. cities have demonstrated effective Non -Store Retail strategies and policies, including the establishment of licensing and fees regimes, resulting in a substantial contribution of the Non -Store sector to downtown area market awareness, retail foot traffic, and sales. Public policy makers substantially shape market opportunities through the use of regulations, taxation and special assessments, public finance, public investments in infrastructure, streetscapes, facilities and services; through the disposition of public lands, public and quasi -public development agencies and utilities, and public marketing and communications. Private property developers and investors substantially influence market opportunities through their choices between alternative business models (e.g., build -sell; build -hold- manage) and building types. In an economically vibrant region like southern California there is no single `market' or market opportunity. Market opportunities are crafted through coordinated government, civic, and private sector choices to pursue a common market opportunity. The preparation of development scenarios, as in this study, highlights the pros, cons, and challenges of different choices. The City of Santa Ana has in the past applied a number of public sector instruments to shape the market for downtown investment and re- development. It is noteworthy however that, unlike many lower income districts in California and beyond, there is no community development corporation in Santa Ana to work with local government, local retailers and residents, the real estate and construction sector, and investors to implement strategic development projects geared towards the established residential population of central Santa Ana. Pending the establishment of such an institutional capacity, the Santa Ana Building Healthy Communities initiative has developed concepts for some smaller commercial and property- related projects that would begin to address Wellness priorities of local residents. These concepts are presented below in Appendix A. The Next Practice WS—B-24 ta Ana Wellness District: A study of demand and supply for wellness goads and services 05. level 3 Analysis: Qualitative Consumer Research The study's quantitative research indicated that the most viable opportunity for Santa Ana to increase downtown sales of Wellness Goods and Services is to improve the available offerings for Central Santa Ana residents. For this reason, qualitative research was conducted to gather insights regarding the lifestyles, needs and interests of the two primary Central Santa Ana consumer segments analyzed in the quantitative study and scenarios, Central homeowners and renters. Such in -depth and in- detail insights can be used in developing specific strategies and offerings to make downtown Santa Ana a more attractive shopping, services, and recreational destination for these segments. In specific, SABHC was interested to learn how the establishment of one or more Wellness- oriented retail- service hubs in the downtown area could be best designed for these segments. The qualitative data was collected by MASData, with support and analysis by The Next Practice. The qualitative research consisted of two components: 1. In -depth interviews with 40 residents from the 92701 zip code in Santa Ana. The interviews were selected according to age, race and documentation status, and categorized as older youth (18 -25), younger adults (26 -40), older adults (40 -65), and seniors (65 +); documented or not documented; and Latino/Hispanic, white or other. All interviewees were residents earning less than $50,000 per year (i.e., the area's median household income). All were renters or homeowners in central Santa Central area. 2. The data collected from the interviews were then entered into The Next Practice's User Optimization Tool, an excel -based software program used to identify and analyze patterns, preferences, needs and values from the in -depth interview data. Preliminary findings from the qualitative interviews and User Optimization Tool were presented at two stakeholder workshops held in Santa Ana on June 19th and 21st, 2014. These workshops supported the use of the quantitative and qualitative research findings in the conception of Wellness District projects by local residents, City staff and members of community organizations. Workshop participants were given the chance to confirm and critique the analysis, and to discuss other segments that had not been explored in the qualitative research, specifically resident children (0 -12); younger youth (13 -17); weekend visitors; and downtown commuters. The presentation of the preliminary findings allowed the researchers to gather feedback from local residents, City staff and members of community organizations regarding the proposed insights. The participant list for the workshops can be found in Appendix C. The following is a summary of the qualitative consumer /user information gathered from the use of the User Optimization Tool. The detailed qualitative findings are available for use by stakeholders in specific to `hub' or other facilities or retail - commercial development projects. The Next Practi ws—B-25Ana Wellness District: A study of demand and supply for wellness goods and services Conclusions from the Qualitative Consumer Research Central Santa Ana residents place high priority, and maintain a strong sense of responsibility, regarding time with family. Meals, eating out at restaurants, commuting to school and shopping were often described as times to spend with family. Workshop participants stressed the importance of having intergenerational activities in future downtown wellness services as a way to reflect and support these values and lifestyle patterns. Given the unique preferences and sensitivities of each age group, activities should also be scheduled with particular attention to the varying needs of each group's activities, including not only facilities, but also issues of noise, pedestrian safety, toilet access etc. Affordability and proximity were often cited as desirable qualities for choosing a restaurant. Many respondents placed a primary emphasis on affordability and low priced food options when both shopping and eating out. Interviews tended to spend less than $20 per individual on dinner meals, and less than $12 on lunchtime meals. A few respondents indicated that they prefer to frequent locally owned restaurants and cafes. Walkability to restaurants was greatly appreciated and considered an enjoyable and integrated part of a shopping or dining experience for both pleasure and health reasons. Eating at restaurants was most commonly done with family, followed by friends. One interviewee felt that there were not enough family restaurants in the city. Safety is a key issue for local residents. Interviewees expressed considerable concern over safety, particularly in the context of transportation and walking. Several interviewees described the drunken people outside of bars and homeless individuals in parks as reducing their sense of safety while walking. Some participants also expressed concern for a loss of safety caused by new types of establishments in Santa Ana. Several others suggested that they perceive Santa Ana as not having a reputation for being safe by those living outside city, which impacts those who are entering the downtown. Exercise and physical activity is a part of the life for many residents, and often done as part of a daily routine, with friends in parks, or at community centers or gyms. Physical fitness was considered a positive outlet, "a way to feel good ", "to be healthy ", "relieve stress" or "have fun". Interviewees were frustrated when parks or fitness facilities were not clean or well maintained or when the parks were used as a gathering place for homeless individuals or drug users. Youth primarily engaged in exercise at the gym or in parks. Adults were more likely to walk or bike as part of a commute to shopping outlets or for short errands; to attend exercise classes at the Latino Health Access (LHA); or to participate in outdoor sports activities. Seniors primarily do recreation and fitness activities at the Seniors Center or go for walks in their neighborhood or while on short errands. Most exercise activities are not associated with significant expenditure, except for gym memberships or yoga classes. Physical activity was often associated with food purchases. Seniors that visited the Seniors Center for extended daytime hours sometimes purchased lunchtime meals. Adults that exercise in the morning sometimes follow their activity with a purchased smoothie or coffee. The user groups schedule their wellness activities at different periods within their daily work, shopping, and family routines. The qualitative research revealed that adults and youth primarily engage in wellness activities in the morning or after work or school, while seniors tend to do so in the morning and daytime. Evenings and weekends are popular times for families to be together; to complete errands and grocery shopping; and to partake in fitness and recreational activities. Considering local behaviors in conjunction with existing community spaces, can prevent redundancies and make the best use of limited resources. The Ne \t rah WS—B-26 a Ana Wellness District: A study of demand and supply for wellness goods and services Many of the residents in Santa Ana commute by car and find traffic to be frustrating. While some would like to commute by walking or biking, they do not feel that there are safe options available. Several interviewees indicated that particular intersections are dangerous.'lhose walking or biking will often use side streets to avoid the traffic of main streets. Overall, however, walking was considered a relaxing activity, whether alone or as a way to spend time with family. Santa Ana residents want to buy affordable, high quality, healthy, nutritious and traditional (culturally relevant) foods at their local grocery store or market. Affordability was a very important consideration for food purchases: some respondents described a sense of pride in being able to get good value for the food that they buy. They also enjoy the convenience of purchasing all of their needed items in a single place. Proximity was mentioned as a key factor in choosing which store to use. Interviewees primarily use Northgate and Food4Less, while Superior Foods was suggested as a good place for buying traditional foods.'Ihe local Farmers' Market was said to be too expensive for many Santa Ana residents. Grocery shopping is most commonly done in the evening after work, on the way home, or during the weekend. For some residents, it is a social experience, a time to be with family and get the things that they need for their home, providing them with a sense of service and accomplishment after completing family responsibilities. The Next Practice W S _ B _27 Ana Wellness District: A study of demand and supply for wellness goods and services Summary of Further Inputs from Workshop Participants Workshop participants used their own experiences and perspectives to expand on the insights gathered from the qualitative research. The following is a recount of their feedback. Older youth aged 18 -25 are seeking employment to finance themselves and often their families as well. They value time to be social and hang out with friends. Many are still enrolled in school and seek guidance on the decisions that will impact their lives. Without proper entertainment options — they may choose dangerous alternatives, like "ditch parties. "This demographic would benefit from employment opportunities, business training, classes to pursue hobbies and interests, and positive spaces for social engagement as part of an ideal wellness service /center. Weekday morning activities include commuting to work or school, eating at nearby coffee shops or restaurants, or grocery shopping for things that they or their family may need. Evening activities include time at the gym, outdoor fitness activities, and classes or hobby based activities. Weekend activities include visits and outings with family, grocery shopping and spending time in downtown Santa Ana and socializing with friends. Younger adults aged 26 -39 are starting to establish their lives, and have a particular interest in employment and educational opportunities, meeting others their age, starting families, childcare and housing. They often need support accessing local information on these issue areas, and may struggle for economic sustainability at this stage. They want to maintain relationships with family and friends and seek a variety of food and entertainment spaces that allow them to spend time with others and build these relationships. The types of needs vary widely across this demographic, but it was suggested by workshop participants that when this demographic is downtown, "they want to feel connected to their culture, who they are and where they come from. "This demographic tends to work during the day. Common weekend and evening activities include exercise, classes and hobbies, spending time with families and friends, grocery shopping for household necessities, and going out to bars and music venues. Older adults aged 40 -64 are primarily focused on safety, stability of their employment, finances, access to affordable health care, and the needs of their family members. As parents and grandparents they are concerned about their family's wellbeing and want to satisfy their needs and demands. They want their children to access good education and are concerned that they may fall subject to crime or dangerous activities. They may work multiple jobs, but aspire for full time employment with medical benefits. It can be very stressful for the individuals in this demographic, especially if they have low levels of education and precarious work environments. Morning activities include commuting to work or daily exercise routines for those that have flexible work schedules. Evening activities comprise of exercise and recreational activities, shopping for groceries, and meal times with friends and family. A large number of those interviewed in our qualitative sample used the Latino Health Access (LHA) for their regular fitness activities or went for walks in their neighborhood. Weekends are a time to share meals or go on outings with family members; to take care of household chores and grocery shopping for the week; and to do fitness and recreational activities. The Next rap WS—B-2 Ra Ana Wellness District: Astudy of derriand and supply for wellness goods and services Senior citizens over 65 years of age want to feel valued in the community and to be given opportunities to share their knowledge and experiences. They tend to do their activities earlier in the day, while weekends are an important time for them to spend with family. Health, affordability, safety and transportation are big areas of concern for them. Seniors in Santa Ana tend to prefer to communicate in their ethnic languages, often not English, and enjoy participating in culturally appropriate activities. The Seniors Center in Santa Ana plays an essential role in providing this demographic with access to recreation, fitness and social activities. Seniors need places that are accessible, safe, nearby, affordable, and culturally appropriate — where they can feel comfortable and respected. Their primary activities include volunteering in the community, social activities with friends and family, recreation and fitness activities, medical appointments, grocery shopping and buying necessities. Children from 0 -12 need educational resources outside of school, parks and outdoor play, positive mentors and safe, creative places to have fun. Playgrounds, green spaces and gardens, street closures, and community activities create positive spaces for children. Childcare and the activities aimed at their parents and caregivers are also an important part of servicing this demographic. Younger youth aged 13 -17 in Santa Ana are often accused of participating in crime when they are hanging out in large groups outdoors and risk conflict with local police. This demographic needs affordable indoor recreational places, where they are able to safely and comfortably gather and socialize, to do their homework, get advice, exercise, and have fun. Lots of youth in Santa Ana work after school jobs because they come from low income families; opportunities for employment and job search support would be very useful for this demographic. Participants described this demographic as benefiting from a wellness service location that resembles a "bigger El Centro ". [El Centro is a collectively run space where different organizations meet and community members come together to organize, take classes, and share information.] Weekend visitors to Santa Ana place a primary emphasis on being able to have entertainment and enjoyment in the city. Services such as retail outlets with places for ethnic shopping, restaurants offering a diversity of food types, family events, arts and cultural activities, downtown professional services (attorneys or Mexican consultants) and educational institutions are desired by this demographic. Safety is also a big concern for weekend visitors. To attract this demographic, Santa Ana should consider promoting an improved image premised on safety and other notable elements of the city. Transportation to and out of the Santa Ana is also an important consideration for weekend visitors. Downtown commuters are another important demographic group within the city. Many of those who come are working during the day and want quality childcare, food options and fitness services close to their places of work that are easy to access via car or foot. Since they are not from the area, they need to be informed of the amenities that are available nearby and around the city. Workshop participants expressed a strong desire for culturally relevant programming and genuine consideration of the community's skills, practices and needs as part of wellness goods and services. They further emphasized the need and importance of engaging the community in its selection of cultural programming to create a sense of ownership in future wellness services and programs. They also expressed the importance of having a sense of permanence and security in the places that they use. Participants in the workshops expressed a fear of displacement from their homes, businesses, and cultural centers. The Next I "ractice'�' _ B _OM Ana Wellness District: A study of demand and supply for well ness goods and services Appendix A. Methodological Notes This study and the methodology of this analysis was designed by the Next Practice Ltd (TNP). The TNP methodology incorporated data generated by TNP through customized use of the Nielsen Claritas retail analysis model, which is data copyrighted by The Nielsen Company. The downtown scenarios were generated using a customized retail scenario model for downtown Santa Ana that was created by TNP. MASdata provided local research services for both the quantitative and qualitative aspects of the study, including the 40 in -depth consumer interviews. TNP entered and analyzed the qualitative interview data using TNP's User Optimization tool. Al. The Study Area The first methodological task in a study of this nature is to define the geographical areas that serve as the consumer catchment areas for different consumer segments. Within the constraints of the study's terms of reference, two different data sets and sources had to be used to define the precise areas of `downtown Santa Ana' and `central Santa Ana.' Data on household characteristics, such as income, disposable income, ethnic background, educational background, employment and commuting patterns were taken from the U.S. Census Bureau, American Community Survey (ACS). This data is available by census tract. To secure data on the commercial business mix, retail and services expenditures, and sales at the scale of part of a municipality, we relied upon the Nielsen Claritas data and model. The Nielsen Claritas model combines demand data from the U.S. Bureau of Labor Statistics Consumer Expenditure Survey and supply data from the U.S. Census of Retail Trade. This data is available by radial areas, the radii of which have been defined byTNRTNP also secured data from the California Board of Equalization for this purpose. Downtown Santa Ana Within this context, TNP defined `downtown Santa Ana' in two ways. For purposes of demographic and household profiles, the primary historical downtown/civic center area is Census Tract 750.02, Orange County, California. For purposes of retail and services trade data, the primary downtown area is defined as the area of 0.5 mile radius from the intersection of 4th Street and N. Main Street. This area extends to Mortimer Street to the east, 8th Street to the north, Ross Street to the west, and Walnut Street to the south. The distance of 0.5 mile is used to represent the walking catchment area whose longest distance is the 1.0 mile diameter of the circle. An extended downtown/civic center area was also considered to generate and analyze data on commercial business mix, retail and services expenditures and sales. This is the circular area of 1.0 mile radius, whose center is the intersection of 4th Street and N. Main Street. This area extends to Garfield Street to the east, Washington Street to the north, Flower Street to the west, and Camile Street to the south. The distance of 1.0 mile is used to represent a catchment that includes walking customers from a distance of 1.0 mile and bicycling customers from a distance of up to the 2.0 miles diameter of the circular. Unless otherwise indicated, the retail and services sales figures presented in the report and scenarios refer to the `downtown' as the 0.5 mile radius area. The h_ ,xt Practice WS—B-30 ta Ana Wellness District: A study of demand and supply for wellness goods and services Central Santa Ana For purposes of retail and services trade, the area of Central Santa Ana is defined as the area of 2.0 mile radius from the intersection of 4th Street and N. Main Street. This area extends to 17th street to the north, Fairview Street to the west, S. Grand Avenue to the east, and Edinger Avenue to the south. For purposes of demographic and household profiles, the Central Santa Ana area is defined to consist of the following 17 census tracts in Orange County: 744.05, 744.06, 745.01, 746.01, 746.02, 748.01, 748.02, 748.05, 748.06, 749.01, 749.02, 750.02, 750.03, 750.04, 751, 752.01, and 752.02. A2. Wellness Goods and Services As indicated in Table 1 of the report, the definition of the "Wellness Goods and Services" category relied upon the selection of merchandise and services types as defined and quantified in the US Bureau of Labor Statistics Consumer Expenditure Survey. Goods and services associated with `wellness' were selected in consultation with SABHC stakeholders. These goods and services categories were then associated with specific business establishment categories as defined by NAICS codes. The Nielsen Claritas model was used for Level 1 analysis to determine total demand and sales, by the defined radial market areas such as `downtown core' and `central Santa Ana,' for Wellness Goods and Food Services only. The TNP model developed to generate Level 2 analysis scenarios for Wellness Goods and Services purchases used, in addition to the Nielsen Wellness Goods and Food Services data, purchases estimates for Educational Services, Childcare, Healthcare and Social Assistance services purchases within the total Wellness Goods and Services category. Household income allocations to these other services were also determined using the US BLS Consumer Expenditure Survey. A3. Consumer Segments and Spending Patterns Segment Populations In the first instance, the five consumer segments were defined according to the consumers' place of residence either in Central Santa Ana or in Orange County Three segments of primary interest were then defined for Central Santa Ana residents. These are: Traditional Central Homeowners, Traditional Central Renters, and New Downtown Settlers. Two segments of primary interest were then defined for consumers residing outside of Central Santa Ana. These are: Weekday Commuters and Special Destination Weeknight/Weekend Visitors. To define each of these segments, US Census Bureau, American Community Survey demographic data were used to differentiate the consumer groups within the Central and outside -of- Central geographic areas. The resulting profiles are summarized in Table 5 of the report. This data enabled the differentiated calculation of median Effective Buying Income for households in each of the five segments. The geographic factors and demographic factors used to differentiate each of the five segments are as follows: Traditional Downtown Homeowners: a household that owns a place of residence and resides in one of the 17 census tracts of Central Santa Ana Traditional Downtown: a household that rents its place of residence in one of the 17 census tracts of Central Santa Ana New Downtown Settler: a resident (renter or homeowner) who resides in Census Tract 750.02, Orange County who has a college or university degree The Next Practice WS—B-34 Ana Wellness Distrid: A study of demand and supply for wellness goods and services Weekday Commuter: a household (renter or homeowner) that resides in Orange County and that has one family member who commutes by car or public transit to work in downtown Santa Ana • Special Destination Weeknight/Weekend Visitors: a household (renter or homeowner) that resides in Orange County and travels, by car or public transit, for shopping, dining, entertainment and/or services to downtown Santa Ana at least three times per year Household Effective Buying Income Once each segment was defined, the median annual Effective_ Buying Income (EBI) was calculated for a household in each segment. This calculation was made by deducting the median housing and utilities costs for a household in the designated geographic area from the median after -tax household income for a household in the designated geographic area. In the instance of the Traditional Downtown segments, the median housing and utilities costs were different for homeowners and renters, based on ACS data. (Median EBI for homeowners is lower than for renters, among other reasons, due to the additional costs of mortgage finance, home repairs, and larger housing units.) In the instance of the New Downtown Settlers, the median after -tax income for university graduates was different than for other downtown residents, based on ACS data. In the instance of Weekday Commuters and Weeknight/Weekend Visitors, the median after tax income was lower for public transit users than for private vehicle users. The EBI for these two segments was calculated using a weighted average median household income of transit and automobile users. A4. Level 2 Market Analysis: Household Expenditure Allocations and Shopping Location Choices Median Household Expenditures, by Segment Median household expenditures for each type of Wellness merchandise and service type were determined by calculating the percentage allocation of EBI to all household expenditure categories. These allocations were adjusted for downtown Santa Ana (0.5 mile radius), Central Santa Ana (2.0 mile radius), and Orange County (12.0 mile radius) using the Nielsen Claritas model (which uses the BLS Consumer Expenditure Survey). Table 13 (below) presents the resulting allocation of EBI by merchandise /services areas. TABLE 13. Allocation of Household EBI to Household Expenditures The Practice WS-B-32 to Ana Wellness District: A study of demand and supply for wellness goods and services DOWNTOWN (0.5 mile radius) CENTRAL (2.0 mile radius) ORANGE(OUNTY (12.0 mile radius) Wellness Goods85ervicesPurchases 0325 0307 0.291 Food at Home 0,166 0.148 0.117 Food away from Home 0.057 0.051 0.050 Sports, sporting Goods, Hobbies, Musical Instruments & Books /Periodicals & Recreation 0.081 0.081 0.103 Education and Childcare 0.057 0.063 0.098 Health Care 0.100 0.100 0.098 Health& Personal Care Stores 0.022 0.021 0.021 Other Discretionary 0.102 0.103 0.116 Other Non-Discretionary 0.572 0.5139 0.593 The Practice WS-B-32 to Ana Wellness District: A study of demand and supply for wellness goods and services Household Expenditures for Wellness Goods and Services. by Segment Having estimated median EBI for each segment, based upon place of residence and selected demographic factors; and having estimated EBI allocation percentages based on the median for the selected geographic areas, the total dollar amount of expenditures can be estimated for a household in each of the five segments. Total expenditures by each segment can be estimated by multiplying the median household expenditures for each merchandise or service type by the number of households in the segment. Shopping Location Estimates. by Segment The current study did not allow for direct survey of downtown customers, representing each of the segments, regarding the geographic distribution of their purchases. Short of this, however, TNP prepared a baseline estimate of Wellness Goods and Services expenditures in downtown Santa Ana (0.5 mile radius), by segment and in total, by applying standard retail catchment and purchasing habits principles to estimate the percentage of expenditure by each segment to downtown business establishments and to non- downtown business establishments. These principles are stated in the report. The reasonableness of the baseline downtown expenditure scenario, by segment, was tested by ensuring that total of Wellness Goods and Services expenditures estimated for all of the segments was equal to the Nielsen Claritas model projection of total 2014 Wellness Goods and Services expenditures for the 0.5 mile radius area; that is, $132 million. A5. Level 3 Consumer Analysis: Qualitative Market Research So as to provide further, detailed guidance about consumer preferences of the two main Central Santa Ana consumer segments, The Next Practice also undertook a qualitative study of the values, preferences, life patterns, and aspirations of typical central Santa Ana residents. This qualitative research involved forty in -depth interviews of residents regarding a typical day in their lives. The respondents were selected using a snowballing technique, beginning with volunteers to downtown service and cultural organizations, who then introduced the researchers to friends and associates for further interviews. Qualitative market research methods, such as in -depth interviews and focus groups are commonly used in commercial market research. They are not intended to use a statistical sample or to provide predictive conclusions. Rather, they are used to generate insights about consumers, which insights are then used to develop solution concepts. To support the identification of patterns and insights from the interview data, the day -in -the -life information, ranging from activities and schedules to emotions and key words, were entered into TNP's User Optimization tool. This is an advanced Excel tool that permits extensive sorting and filtering to identify patterns from detailed and divergent types of data and information about a large group of individuals. The tool supports the association of activities, preferences, and emotions with specific places, times of day, and other activities. The Next Practice WS—B-33 Ana Wei iness District: A study of demand and supply for wellness goods and services Appendix B. Wellness District Project Concepts Three workshops were held to share the quantitative findings of the retail analysis; to build on the qualitative data collected from interviews; and to develop initial wellness `destination' project concepts that reflect the findings of the research. These workshops were organized by SABHC, and TNP provided facilitation support for Workshops 2 and 3. Workshop 1 was held for community members to identify the various vacant lots that present opportunities for developing wellness goods and services hubs or locations for central Santa Ana residents. Participants were given the opportunity to start brainstorming and sharing their ideas about the types of uses they envision for these sites. Workshop 2 convened senior staff from the City of Santa Ana, leaders of community led organizations, and members of St. Joseph's Hospital to build on the ideas for the sites that were identified in Workshop 1. Workshop 3 brought together community members to review and discuss the wellness services and programs concepts that were developed in Workshops 1 and 2. The workshops primary purpose was to begin the development of concrete project ideas that would address identified local priorities and contribute to a downtown Wellness District strategy. The concepts are not necessarily tied to one or more of the sites identified in Workshop 1. Workshops 2 and 3 organized participants into groups to discuss the needs and priorities of each demographic group. Using the collective insights gathered, the groups were then re- organized to develop a single wellness destination /hub concept that could meet the needs of all the demographic groups. The three main ideas generated in the workshops were: B 1. Fitness and Recreation Center B2. Micro Farm and Community Education Center B3. El Mercadito Santenera h Practice WS—B-34' a Ana Wellness Distr(t: A study of demand and supply for wellness goods and services Bl. Fitness and Recreation Center Prospective Site: Former YMCA Mission statement: Empowering community with life skills for health, jobs and overall wellbeing for a more productive and self - actualized life Key services and activities: 1. Social support services 2. Workforce development ■ Vocational training and job placement ■ Language training, classes about unemployment ■ Job opportunities within the center for priority populations and youth 3. Family focused programs that are culturally relevant to the community ■ Activities that relate to the cultures and interests of local demographics ■ Strong interest from the community to participate in development of programs being offered 4. Health education and related services ■ Medical fitness • Geared towards individuals with chronic illnesses or other health conditions ■ Classes, resource fair, seminars on health and wellbeing • Stress management, mental health and spirituality classes • Integrative health activities • Yoga, Thai chi, Pilates, acupuncture • Nutritional counseling • Aesthetician and related services • Classes for people with special needs 5. Cardio, fitness and strength training ■ Personal training services ■ Sports facilities ■ Intergenerational fitness options ■ Group exercise for all ages • Ex. dancing, boxing, cumbia classes, danzon, folklorico The Next t Practice WS _ B _35Ana wellness District: A study of demand and supply for wellness goods and services 6. Offsite community activities ■ Walking and cycling activities and events ■ Transform the courthouse lot and front driveway area into event spaces or clinics "VCI -MNB Clinic" 7. Accessible to all Santa Ana residents ■ Affordable regardless of income ■ Migration status is not a requirement for participation ■ Form partnerships with other groups in the community and exchange resources S. Sales Opportunities ■ Retail space that sells products based on demand Ex. Traditional and non - traditional medicines and services ■ Fitness membership • General public, senior, corporate, scholarship, day visitors s Geared towards residents of Santa Ana and commuter populations ■ Corporate products Employee Health Management solutions Stress reduction, spinning, yoga ■ Space rental ■ Coffee shop The center can run a coffee shop that sells healthy food and is managed by volunteers or as a form of work for youth The community members in Workshop 3 envisioned a large space that opens early in the morning for those who want to do fitness first thing in the day, and offers classes throughout the day in the areas of nutrition and fitness. Afternoon classes would be focused on attracting youth and evening classes would be geared towards adults. Childcare would be offered all day long so parents can participate in activities. The Next Practic,e WS—B-315 to Ana Wellness District A study of demand and supply for wellness goods and services B2. Micro Farm and Community Education Center Prospective Site: Vacant property 823 E.1'1 St. Mission statement: Increase access to healthy, fresh, local food while creating opportunities for partnership, community building and entrepreneurship Key services and activities: 1. Farmers' Market or regular farm stand ■ Sale of the food and flowers produced on the micro farm for retail and wholesale ■ Cultivate and grow traditional food types ■ Can be sold to restaurants with interest in local food production, food trucks or other markets ■ Easily accessible for Santa Ana residents and downtown commuters 2. Educational programs ■ Organize and facilitate regular workshops on planning, planting, sprouting, maintenance and wellness classes related to food and cooking ■ Different kinds of informational signs and posters throughout the space to educate visitors about Plants and growing techniques ■ Partnerships with local schools — can give tours or offer classes for students 3. Common area for events and community meetings ■ Rentable space for community use ■ Micro Farm is accessible via active transportation 4. Employment and volunteer opportunities ■ Including: Lead farmer (horticulturalist), sales associate /farm assistance, volunteer coordinator etc. 5. Programming Design ■ Connecting generations around food and farming ■ Transfer of knowledge between Elders and younger generations on traditional herbs and growing ■ Run programs for different age groups at different times of the day (ex. seniors can use the space in the morning, and children in the afternoon) ■ Cultural activities in the daytime and evening - community meals, celebrations and events can be hosted at the micro farm ■ Allocate plots to different families who want to maintain part of the garden The NexPractice WS—B-37 Ana Wellness District: A study of demand and supply for wellness goods and services The participants described a space that opens early in the morning for seniors to use and enjoy. Throughout the day there would be numerous activities and events focused on food, gardening and agriculture. Late afternoon would have intergenerational activities, workshops, storytelling, music classes, cooking and preparation for large community meals to be held in the evening. The community members in Workshop 3 shared concerns about how the community could create a system that would ensure that they are able to run and maintain a micro -farm for the long term. There was consideration of running a pilot. Questions were also raised about the consequence of partnering with the City. What if the city wants to take the land back? What is the process that can prevent that from happening? How does the community's power change by working with the City? The Next Practice WS—B-38' ta Ana Wellness District: A study of demand and supply for wellness goods and services B3. El Mercadito Santenera Site: Grand Ave — 2 "a and 4`h Mission statement: El Mercadito Santanera serves as a community space that promotes healthy food, the development of small/local business and cultural and educational opportunities for the residents of Santa Ana. Key services and activities: 1. A central market to host and incubate local micro business to sell their services and products ■ Sells healthy food, seafood, produce, local, organic, traditional herbs, spices, grains, cultural artifacts, native medicine, juices ■ Offers micro loans to small businesses and individuals ■ Workshops and education classes about starting and running a business ■ Technical assistance for small business owners ■ Offers office space for micro businesses and helps to legitimate their work 2. A destination place that people from inside and outside of Santa Ana who want to visit and buy unique gifts and food items ■ Offers cultural entertainment during the daytime, evening and weekend ■ Used by members of the community and surrounding neighbourhood, commuters and weekend visitors, DMV, employees of local businesses and schools ■ Accessible via active transportation — visitors can walk and bike there ■ Potential to locate the Mercadito at the entry way to the Wellness Corridor 3. Creates job opportunities for the community to run and maintain the space ■ Acts as a venue space for community events ■ Access to outdoor and indoor space 4. Provides affordable housing and lofts /artist studios Participants in Workshop 3 suggested that the Mercadito should also be connected to the micro farm or any other community based restaurants, businesses, services and programs. The idea of the Mercadito has its roots in the Mercados of Latin America and reminds community members of the strong connections that they have to those places. While the Mercadito will attract people from outside, it is designed to serve and support the community, as one member mentioned, "by the people for the people." The Mercadito is not just a place to find food, but also a place to find business services, connect with community members and participate in cultural events. The Next Practice WS —B — Ana Wellness District: A study of demand and supply for wellness goods and services Community members described a space that opens early in the morning for people to access on their way to work for coffee/breakfast, bike tune ups, or to wait for public transit. During the day, businesses are running and community events are being hosted. In the later afternoon, affordable and healthy food options are available for purchase and seniors are leading activities with children. In the evening there are social activities, music, dance, cinema, coffee and arts -based events. The Next Practice WS—B-40 ta Ana Wellness District: A study of demand and supply for wellness goods and services Appendix C. Workshop Participants Workshop 2 Participants Alisa Barrios, St. Joseph Health David Benavides, City Council Member, Santa Ana Jeb Brugmann, The Next Practice Ana Cabral, OCLF Joel Cazares, SABHC Robert Cortez, City of Santa Ana Yenni Diaz, OCCORD Jo Flatt, The Next Practice Elizabeth Glenn - Bottari, St Joseph Health Melody Gonzalez, KidWorks Lisa Marie Gorman, St. Joseph Health Scott Kutner, City of Santa Ana Jessie Mosqueda, Chi Bank Virginia Mosqueda, SABHC Gerardo Mouet, City of Santa Ana Nancy Moughney, Taller San Jose Gabriela Robles, St. Joseph Health Jeanette Rubio, Resident Karen Sarabia, Centro Cultural Mexico Carolina Sarmiento, MASData Socorm Sarmiento, Centro Cultural Mexico Revel Sims, MASData Shawna Smith, Taller San Jose Ana Urzua, SABHC Workshop 3 Participants Sarai Arpero, Latino Health Access Jeb Brugmann, The Next Practice Kathy Cardelli, St. Joseph Health Carmen Cortez, resident Jo Flatt, The Next Practice Amelie Garcia, resident Vanesa Gonzalez, resident Lynette Guzman, KidWorks Steve Kim, Project Kinship Manuela Lopez, SACRED Pedro Lopez, resident Ozomatli Mazatl, resident Nancy Mejia, Latino Health Access Laura Pantoja, El Centro Cultural de Mexico Esmeralda Perez, student Araceli Robles, resident (LHA) Rigoberto Robles, resident Carolina Sarmiento, MASData Socorro Sarmiento, El Centro Cultural de Mexico Revel Sims, MASData Madeline Spencer, SACRED Estela Tejedo, resident Cuatli, resident The,NeNt Practice WS—B-44 Ana Wellness District: A study of demand and supply for wellness goodsand services The Next Pract�i` ec The Next Practice Ltd. 120 Bathurst Street Toronto, Ontario M56 2R4 Office +1 -416- 461 -1644 Cell +1- 416 - 303 -0418 WS -B -42 Exhibit 2 North American Wellness Districts & Hubs: Four Case Studies Jackson Walk Jackson, Tennessee Mariposa Healthy Living Initiative Denver, Colorado Vital Health and Wellness District Stamford, Connecticut Artscape Wychood Barns Toronto, Canada October 2014 The NE,xt Practice The Next Practice Ltd. Office +1- 416 - 461 -1644 720 Bathurst Street Toronto, Ontario M56 2R4 Cell +l -416- 303 -0418 WS -B -43 Prepared by to Fla fl, Consultant, The Next Practice CONTENTS Case 1: Wellness District Jackson Walk Municipality: Jackson, Tennessee 1. Background and Summary ............................ .............................03 2. Project Description ......................................... .............................03 2.1 Partners & Actors ....................................... .............................03 2.2 Strategy and Approach ........................... .............................04 2.3 Project Implementation and Outcomes to Date ................04 3. Budget and Finances ..................................... .............................05 Case 2: Wellness District Mariposa Healthy Living Initiative Municipality: Denver, Colorado 1. Background and Summary.. 2. Project Description ........................................ .............................06 2.1 Partners & Actors ...................................... .............................06 2.2 Strategy and Approach ........................... .............................06 2.3 Project Implementation and Outcomes to Date .................07 3. Budget and Finances ................................... ............................... 08 Case 3: Wellness District Vital Health and Wellness District Municipality: Stamford, Connedicut 1. Background and Summary ........................... .............................09 2. Project Description ......................................... .............................10 2.1 Partners & Actors ....................................... .............................10 2.2 Strategy and Approach ............................ .............................10 23 Project Implementation and Outcomes to Date ..................11 3. Budget and Finances ....................................... .............................11 Case 4: Wellness Hub Artscape Wychood Barns Municipality: Toronto, Canada 1. Background and Summary ............................ .............................12 2. Project Description ......................................... .............................13 21 Partners & Actors ....................................... .............................13 2.2 Strategy and Approach ............................ .............................13 2.3 Project Implementation and Outcomes to Date .................13 2.4 Other Notable Initiatives .......................... .............................14 The Stop Community Food Center ........ .............................14 History and Approach ............................ .............................14 3. Budget and Finances ...................................... .............................15 ENDNOTES............................................................ .............................16 WS -B -44 Case 1: Wellness District Jackson Walk Municipality: Jackson, Tennessee 1. Background and Summary Jackson is a city of 68,000, located in rural western Tennessee. In 2010, Jackson confronted the decision of a company not to relocate there because of potentially high employee health care costs caused by the city's high rate of obesity. In response, the City launched an initiative called Jumpstart Jackson to increase both economic development and health for city residents. The initiative includes a variety of community programs, events, a farmers' market and a 17 -acre redevelopment, called Jackson Walk. The Jackson Community Development Agency selected Healthy Community LLC to lead the redevelopment. The project focused on creating a healthcare model premised on access to a wellness/ fitness /primary care center, outdoor recreational amenities, commercial shops, and new apartments and family homes. The development was also designed to maintain the historic character of the neighborhood and to promote a pedestrian and cyclist friendly network that connects residents with the areas main employers, the local farmer's market, and other neigbborhoods in the midtown, downtown and surrounding areas. LIFT (Living In a Fit Tennessee), a medically based fitness facility, is the anchor of the site. It opened in January 2013 and has attracted more than 3,000 members, exceeding initial membership and financial projections. The developer considers the pedestrian - friendly design and co- location of restaurants and shopping as key elements of success. The site has been transformed into a `destination place,' where members can walk or drive to the gym, access local amenities such as a dry cleaner, eat lunch or visit the farmers' market in a single trip. The majority (60 %) of members live within eight miles of LIFT, while the remaining members come from other parts of the region.' Jumpstart Jackson has catalyzed significant economic development in the downtown: Over $50 million of wellness and a healthy lifestyle investment have been put into the city.' 2. Project Description 2.1. Partners & Actors As a collaborative initiative, Jumpstart Jackson works with city departments, the YMCA, Boys & Girls Club, faith based organizations, and local schools to spread the message of a healthier Jackson and run programming to engage residents in fitness and healthy living. Healthy Community LLC (http: / /healthycommunityllc.com/), a partnership of Crocker Construction Company, HCB Development and Henry Turley Company, is the developer of the Jackson Walk project. The architect was Looney Ricks Kiss (LRK). Healthy Community LLC worked closely with the downtown area's three primary employers: the City, the county courthouse and the Jackson Energy Authority. The Ne� Pre ce WS—B-45 2.2 Strategy and Approach Healthy Community LLC used health and wellness as the theme for the Jackson Walk infill redevelopment and selected LIFT (http: / /www.liftjackson.com /), an 82,000 square -foot medical care -based fitness /wellness center as the site's main anchor. LIFT is Jackson areas only medical fitness center. It hosts a fitness centre, a preventative health center, a primary care clinic, and a health - focused cafe that caters to diabetic and caloric - conscious consumers. 'The fitness center includes a gym, basketball courts, indoor pools, cardiovascular and strength training equipment and an indoor walking track. The wellness center offers physical and occupational therapy; cardio and orthopedic rehab; and programs focused on women's health. The center runs numerous outreach events at schools and seniors' centers, and has an extensive disease - management program that offers free educational programs on diabetes and congestive heart failure. The center also works with Jackson businesses to offer preventative care resources and guidance to their employees? LIFT's diverse customer base ensures that the development's 20,000 square feet of commercial - retail space is being used during all hours of the day. The leasing strategy for retail tenants specifically targets businesses that can contribute to the health focus and pedestrian - oriented community created in Jackson Walk. Biking and walkability are a core element of the development.The site offers visitors a park- like setting, walking trails, and outdoor exercise stations. To balance the need for parking, while maintaining a park aesthetic, the developers undertook parking studies to support dispersal of parking lots throughout the site, rather than building a large lot concentrated in one area. Jackson Walk also includes 149 individual multi - family rental units and 32 single - family homes. Rental rates for apartments are between $675 - 81,105, or $LOl /square foot. Two of the smaller homes have sold for 3115,000 and $122,000, while the larger homes are priced at $209,000. Twelve of the homes will be sold through a special grant incentive program from the city for first -time homebuyers. The neighborhood also boasts a city -owned amphitheatre and dog park. In addition to the Jackson Walk redevelopment, some of the wellness programs include Breakfast in the Classroom, which provides students with a nutritious meal before they start class; a Farm to Tray program, which brings fruits and vegetables from local farmers to all school cafeterias; creation of the Jackson- Madison Wellness Policy; and 8.5 miles of new or improved walking trails in parks.4 2.3 Project Implementation and Outcomes to Date Jumpstart Jackson has transformed Jackson into a much healthier community, while also bringing significant economic benefit to the city.' The finished development includes a 60,000- square -foot wellness center, 15,000- square -foot primary care clinic, 20,000 square feet or commercial /retail space, 188 multifamily residential units, and 402 parking spaces .6 In 2013, Jackson was selected by the US Conference of Mayors as one of the most livable small cities in America. The site has a Walk Score of 72, indicating it as very walkable. The ,Vert Practice WS-B-46 3. Budget and Finances The project cost was $46 million, with $42 million coming from private funds and $4 million from the city and public support. Wells Fargo and Suntrust Bank were the primary lenders, and Jackson Walk Partners and Healthy Community Partners are the equity. Of the total project costs, $17 million was spent on the LIFT facility.' The Ne— ' P— r tie WS.5B-47 Case 2: Wellness District Mariposa Healthy Living Initiative Municipality: Denver, Colorado 1. Background and Summary Built in 1953, the Lincoln Park public housing district of the Denver Housing Authority (DHA) reflected the outdated strategy of concentrating low- income housing in obscure locations that are generally isolated from amenities, services, and economic opportunities. As a result, the neighborhood has been challenged by poverty levels triple to those of the city as a whole. Ninety-four percent of residents have incomes that are 0 -30% of the Area Median Income (AMI).' Many also suffer from poor health outcomes: 38% of residents experience chronic health conditions such as asthma, diabetes, and heart problems, while 55% are considered overweight or obese.' Further, 40% of residents have less than a high school diploma and only 1% have a college degree. In response, the Denver Housing Authority (DHA) decided to redevelop the neighborhood in ways that will enhance the health outcomes and quality of life for residents. DHA initiated the Mariposa Healthy Living Initiative in 2009 to establish physical, mental and community health outcomes as primary measures of redevelopment success. The South Lincoln Homes public housing project has been rebranded as Mariposa. The redevelopment is being implemented in eight stages with completion expected in 2018 focusing specifically on facilities and design for physical activity, pedestrian and bike infrastructure, traffic safety, and access to health care? 2. Project Description 2.1. Partners & Actors The Mariposa development is owned and managed by the Denver Housing Authority (DHA). Mithun, the architecture, planning and design firm, led the master planning process. The landscape architects, Wenk and Associates have developed an open space and parks system for the neighborhood that integrates sustainable principles with stormwater management principles. 2.2 Strategy and Approach The redevelopment of Mariposa's 17.5 -acre site will add a mix of uses and nearly triple the existing density, with 900 new mixed - income homes (1/3 public, 1/3 workforce, 1/3 market rate). Significant investments are also being made in open space, infrastructure, and public realm improvements. All homes will be within a convenient walking distance to the neighborhood's light rail station, retail and services, and a large city park. The coordination of eight distinct construction and demolition phases has allowed residents to remain in the neighborhood during the development process." Fundamental to the development is the Mariposa Healthy Living Initiative. The Initiative recognizes the built environment as a determinant of health outcomes for local residents." Its activities include the development of indicators to track and measure health and wellness performance and the Mariposa Healthy Living Toolkit, which provides a comprehensive guide for practitioners to incorporate health into design, redevelopment and construction.13 The Next t Pra�Mrce WS-8-48 At the start of the Initiative in 2009, a rapid Health Impact Assessment was undertaken to examine the relationship between health and the built environment in existing South Lincoln homes and to set a baseline for the public housing residents. All options for the Master Plan were continuously evaluated using the Healthy Development Measurement Tool, resulting in a plan that meets the priority issues of the residents. Stakeholder engagement has been a pivotal part of the process. Related activities have included stakeholder interviews, a pedestrian audit, youth visioning sessions, and outreach to targeted populations. Over 140 community meetings and group interviews were held to discuss the master plan. A 30- member steering committee, with a majority comprising of South Lincoln residents, was also created to oversee the process. 14 The engagement activities identified a number of community needs, including community gardens, a central plaza, and connective parks. 2.3 Proiect Implementation and Outcomes to Date Phase I of the redevelopment was completed in 2012. It is a 100 -unit multi- family building, called Tapiz apartments. Tapiz is a LEED certified building constructed on a remediated brownfield site, featuring rooftop solar panels, community gardens, green heating and cooling systems, graywater recycling, and green infrastructure for stormwater management." The site also houses the Youth Culinary Academy, which offers job training for youth. Phase II is a brightly colored four story multi - family building with a landscaped courtyard, common meeting room spaces and a children's play area. Detached from the main building are a few townhouse units. Phase III is the largest single housing development of the project, with a sizeable community garden and extensive green space. Each phase of development has been accompanied by an art project. Phase I has an eight -story mural on the exterior side of the building, Phase II has a large flower sculpture and Phase III has an interactive indoor staircase.1e Phase IV is set to be finished in October 2014 and Phase V will break ground fall 2014 to be finished early 2015.17 Phase IX is expected to be finished in 2018. Monitoring and tracking of projects against the baseline assessment has already shown positive trends in several key community health areas. The total crime rate has dropped from 246 incidents per 1000 people in 2005, to 157 in 2011. The average transit commute time has also dropped from 24 minutes in 2010, to 20 minutes in 2012.18 The percent of residents with 1/2 -mile access to open space and nature increased from 26% to 32% and the number of healthy food outlets within 1/2 mile increased from 0 to 1.19 Other outcomes of the development are improved mobility, supported by neighborhood traffic calming, new bike lanes, bicycle share system, and a free shuttle buses to the Denver Health Medical Center. The development has also created a safer, more attractive public realm; with building murals and public art that celebrate the neighborhood's cultural diversity, as well as public plazas and community gardens. New programming to support health outcomes has also been created, including intermittent diabetes and health checkups and appointment of a Healthy Living Coordinator to organize wanting groups, health classes and other services. The Denver Housing Association (DHA) has also partnered with the DU Bridge Program to provide school opportunities for youth in the Mariposa community to increase levels of high school completion and enrollment in trade -based education and initiated a scholarship program with La Alma Recreation Center to offer scholarships to boost participation. The Next Practice WS43-49 3. Budget and Finances The project is expected to cost $150 million at fill build out 2° The DHA has raised nearly $4 in private funds for every $1 of public money contributed.21 The project has attracted more than $30 million in federal funds, including a stimulus grant under the American Recovery and Reinvestment Act and the $22 million HOPE VI grant from Housing and Urban Development (HUD). The Environmental Protection Agency (EPA) paid for the initial brownfields cleanup. The planning process also received support from EPA's brownfield office and agencies within the federal Partnership for Sustainable Communities (EPA, HUD and Department of Transportation)." The Next Practice WS -B -50 Case 3: Wellness District Vital Health and Wellness District Municipality: Stamford, Connecticut 1. Background and Summary The Vita Health and Wellness District is a neighbourhood redevelopment project, currently under construction, in the area surrounding the Stamford Hospital in Stamford, Connecticut. The site is located on Stamford's West Side, in a one -mile corridor along Stillwater Avenue. The district's central focus is health, wellness and medicine and this thematic concept is applied to the entire project's real estate development decisions, landscape and building design, and ultimate retail selection and leasing strategy. The Vita Health and Wellness District aims to revitalize the Stamford West Side by improving the health of local vulnerable populations; to reduce excessive spending caused by the inefficient delivery of medical services; and strengthen the economic and social vibrancy of the neighbourhood around Stamford Hospital." It achieves these outcomes by matching a range of health programs and services with the development of quality housing options, parks and green space, and strategies to stimulate local business and workforce development. Studies conducted by a Community Health Needs Assessment have identified the neighbourhood as having the highest incidence of chronic medical conditions and poor health within the Stamford area including obesity, coronary /cardiovascular disease, diabetes and cancers. The incidence of depression, anxiety and substance abuse is also high.Z" Many residents rely on federally subsidized clinics or Stamford Hospital's emergency department because they are uninsured or qualify for Medicare or Medicaid. Many are without a relationship to a primary care physician." The West Side has a population of 13,000 residents. It is a predominantly Hispanic neighbourhood, at 50% of population, followed by a large African American population, at thirty -three percent 26 The neighbourhood has struggled for decades to achieve economic vitality. Median household income is $42,000, compared to $75,000 citywide?' Only 26% of the community owns a home, with the remaining population renting.21 Poor access to employment training, language barriers, and immigration status has been identified as impediments to employment for neighbourhood residents 29 Currently, many of the streetscapes that connect parks and green space are in poor condition. The city lacks affordable indoor fitness facilities. There is also a shortage of affordable fresh produce available on the main commercial corridor, Stillwater Avenue " Vita's Wellness District development was facilitated by the construction of the new Stamford Hospital and a land swap between the Stamford Hospital and Charter Oak Communities, the city's public housing authority.31 The Next Pr WS43-51 2. Project Description 2.1. Partners & Actors The Vita development is an initiative launched by the Charter Oak Communities in partnership with the Stamford Hospital, the City of Stamford and the West Side community, including residents, business owners, and the West Side Neighbourhood Revitalization Zone (NRZ). This partnership is also being supported by a team of consultants, which includes Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Tripp Umbach and Balance Health Communications. The Stamford Hospital and Charter Oak Communities first worked together in 2010 when the hospital needed to build a new primary inpatient facility, while Charter Oak had to replace an obsolete public housing project. The two organizations chose to swap the two properties, without any monetary exchange. Since the exchange, the organizations have also collaborated on obtaining Village Commercial District zoning; creating the Fairgate Farm; and obtaining federal grant funds to refine the Vita plan. 2.2 Strategy and Approach In the late 2000s, Stamford experienced a spark of health related investments including the Fairgate Farm, the Optimus / Fairgate Community Health Center (a federally qualified health center); new housing developments; and new health programs created by the Stamford Hospital. In 2010, Stillwater Avenue was rezoned as a Village Commercial District", better enabling the city to attract an array of consumer -based health facilities and services and allowing it to position itself as a district." A pivotal component of establishing the Vita District is the hospital expansion. In 2012, construction of a $450 million expansion of the Stamford Hospital began. This expansion was made possible by a Sustainable Communities Challenge grant provided by the U.S. Department of Housing and Urban Development. The addition will be an 11 -story - 647,000 square foot building with main floor retail space and a focus on specialty health care. It has been designed according to the P1aneTree principles, to create a calm and healing environment s" Among its many programs, the hospital will also house a Center for Integrative Medicine & Wellness to provide an alternative approach to patient treatment, by considering physical, emotional, mental, social, spiritual, and environmental influences.35 The development is also creating public green space and parks throughout the hospital campus and along the site. For the first time since the hospital's opening in 1913, it will have an entry facing the neighbourhoods to the south, connecting it with that community. The hospital expansion will be completed in 2016. In 2013, the consultant team prepared a strategic plan and market assessment, gathering insights from community meetings and interviews with local businesses and residents; design studies; market analysis; evaluation of commercial space and retail opportunities; and examination of the job outlook in the healthcare industry. The Next Pract e WS—B-52 In addition to current projects, the strategic plan proposes development of a 50,000 square foot mixed -use building; a 550 -car parking structure with ground floor retail space; and a new street to align new construction projects in relationship to Fairgate Farm. The 2013 strategic plan also outlines five essential components of the Vita Health and Wellness District. 1. Health and wellness within the neighbourhood 2. Healthy eating: Urban agriculture and nutrition 3. Active living: Parks and connections 4. Promoting good jobs and local business 5. Connecting the hospital into the community 2.3 Project Implementation and Outcomes to Date Vita's successful projects include Fairgate Farm, an urban agriculture site, transformed from a series of blighted housing lots in 2011. Run by local volunteers, Fairgate Farm delivers fresh produce to social agencies throughout Stamford and is considered a "prized community asset."" The Greenfield housing community will be opened in fall 2014. Built by the public housing authority (Charter Oak Communities) the development includes a range of mixed - income residences, serving some of the lowest income populations. The Stillwater corridor, now under Village Commercial District zoning, is positioned to attract health- focused business, facilities and services to build the economic base of the area. The Vita District has also initiated new collaborations between local community organizations and West Side residents to support implementation and direction of the development. While many development projects are underway, Stillwater Avenue remains disconnected from the hospital and on -site retail needs to be identified. 3. Budget and Finances The development has attracted national attention and funding. It received a Sustainable Communities Challenge grant from the U.S. Department of Housing and Urban Development (HUD) to underwrite the Vita strategic plan. In 2012 the U.S. Environmental Protection Agency (EPA) selected Vita for the Building Blocks Equitable Development technical assistance program " Projects Underway: • $450M Stamford Hospital Expansion $26M Fairgate Mixed - Income Housing Redevelopment New development planned for 5 -acre former Vidal Court site • $50M Mixed -Use project The Ncx— 'Pra�edce WS -6-53 Case 4: Wellness Hub Artscape Wychood Barns Municipality: Toronto, Canada 1. Background and Summary Development of a Wellness District requires establishment of key wellness related facilities to connect, educate and and engage the surrounding community. Artscape Wychwood Barns is an example of a community cultural hub that concentrates community organizations, businesses and artists working in the areas of arts, culture, food security, urban agriculture, and health in one location. The site is a former streetcar repair facility transformed into a dynamic mixed -use community space, where arts and culture, environmental leadership, heritage preservation, urban agriculture and affordable housing are brought together to foster a sense of community.38 The building is owned by the City of Toronto, but operated by an organization called Artscape under a 50 -year lease. The building has programming and administrative spaces, live -work units for artists, indoor and outdoor growing areas, a community-nun gallery and an 8,000 square foot covered street that is used for farmers' markets, art markets, conferences and events ;9 The property contains 4 barns each serving different purposes: The Studio Barn provides 26 live -work studios and 14 work -only studios to professional artists as well as a Community Gallery. 2. The Covered Street Barn provides affordable community space for community events, exhibitions, conferences etc. 3. The Community Barn provides affordable programming, rehearsal, office and meeting space for nonprofit community arts organizations and environmental organizations. 4. The Stop Community Food Center's Green Barn houses a year round temperate greenhouse, sustainable food education center, garden, outdoor bake oven and compost demonstration site. Z. Project Description 2.1. Partners & Actors Leading up to the development, the local City Councilor played a large role in the reuse and preservation of the site. Important community groups who supported the process include the Taddlewood Heritage Association and Friends of the New Park. In 2008, the Wychwood Barns Community Association (WBCA) was created to curate the community gallery and to enhance community and public participation in the Barns. The Next Practice WS —B -54 Artscape manages the Wychwood Barns as well as its completed redevelopment, holding a 50 -year lease at Wyear with the City of Toronto. Artscape is financially and legally responsible for the operations, subleases and license agreements with all tenants. It is also responsible for all property management and base building operations, including tenant selection, maintenance, and capital repairs such as finances, insurance, fire safety plans, taxes and utilities. Artscape transferred the residential component of the building to its uniquely incorporated not - for -profit corporation, Artscape Non Profit Homes (ANPHI), which was created specifically by Artscape to manage its affordable housing projects. 2.2 Strategy and Approach The project's vision was based on the idea that building a space with a diversity of uses will create a more animated and successful facility. By mixing a wide array of tenants from a variety of backgrounds and disciplines, Artscape Wychwood Barns was designed as a platform for collaboration where a mix of people and ideas could come together to strengthen the community. Artscape sought to engage a variety of organizations as partners and tenants. In 2004, Artscape issued a request for expressions of interest to find partners that have the same vision for the project. Through this process they brought the Stop Community Food Centre on board as a development partner and anchor tenant. The Stop contributed to financing Barn number four, the Green Barn, a greenhouse facility and education centre. 2.3 Project Implementation and Outcomes to Date At first, the project faced some local opposition from residents who feared that the redevelopment of the Barns would cause excess traffic and noise. Artscape conducted a series of noise and traffic studies and numerous stakeholder consultations to manage the opposition — ultimately diminishing concerns within the neighbourhood. An influential and powerful project management team supported development of the Barns. The team included the local City Councilor, Artscape CEO, the project's architect, influential community activists, and senior staff from the City of Toronto. Artscape also formed an expert architecture and design team that focused on structural, mechanical and electrical heritage and sustainability in their plans. A professional contractor managed the construction process. The property was opened to the public in 2008. It has become a key landmark in the neighbourhood. 2.4 Other Notable Initiatives The Stop Community Food Center The anchor tenant of the Wychwood Barns is The Stop Community Food Center. Throughout its work, The Stop seeks to address issues of health and wellness by improving local access to food in a way that maintains dignity, builds a sense of community and challenges inequality. The organization started in the 1970s as a food bank offering emergency food relief It has evolved, however, into a sustainable food production and education center focused on good food. People can come to The c.i � B -55 T7re Ivcxt Practice WS Stop for emergency food services; to learn how to grow, cook, and choose healthy food; participate in communal bake ovens and markets; learn about sustainable food systems and urban agriculture; attend peri -natal classes, after school programs and summer camps; or access community support workers. History and Approach The Stop is widely considered a pioneer in community food work for having sought to change the charity food distribution model by building a community that empowers, educates, and engages around food.41 The Stop started as a small food distribution project inside of downtown church for those affected by the growing recession in the 1970s. The initiative began in direct response to the needs of local residents. As demand kept increasing the initiative grew to be one of Canada's first food banks. In 2001, the organization became The Stop Community Food Centre and relocated to one of the region's most diverse neighborhoods, challenged by above - average rates of unemployment and low income.41 The Stop's food bank and drop -in meal programs adopted an emphasis on healthy food as a way to build morale and promote mental and physical health. 12 In 1998, The Stop built an urban agriculture program to engage community members in the process and issues of agricultural food production. Staff soon realized the broad impacts of building social initiatives and networks within communities. As resources increased, The Stop began to invest in a civic engagement process that supported community members to understand and address the root causes of poverty and food security.43 While maintaining their emergency drop -in program, The Stop offers a range of capacity building, educational and skills training programs related to food and food preparation, gardening, civic engagement, advocacy training and classes to address issues of social isolation. In 2008, they opened their second site in the Artscape Wychwood Barns as a state of the art greenhouse, commercial kitchen, demonstration garden and classroom. The Stop is considered a key component of its surrounding neighbourhood and a successful best practice model for community organizations across North America. In 2013, The Stop had an operating budget of $4.5 million in 2013.44 3. Budget and Finances Unlike many traditional community centers, Artscape Wychwood Barns has a self - sustaining financial model, it has not required any operating subsidies beyond the initial capital investment 45 It took three years to raise the $23 million in capital to develop the property. The Practice WS -B -56 Artscape leveraged a variety of funding opportunities to finance the barns redevelopment, including: • Departments within the federal and provincial governments such as housing, tourism and Heritage Canada • Numerous foundations and private companies • Local private condominium developer because of the Section 37 bylaw which allows a municipality to pass zoning bylaws authorizing additional height and /or density to a development project, but in return the developer must offer community benefits41 City of Toronto contributed funds to remediate the contaminated soil One of the innovative methods of fundraising included the sale of donated photographs of the dilapidated pre- renovation structures by prominent artists. The Nrxi Practice WS,B-57 End Notes 1 Urban Land Institute. "Building for Wellness: The Business Case." 2014. Accessed on September 24, 2014. 2 US Conference of Mayors: Jumpstart Jackson. Accessed on October 1, 2014. http: / /vimeo.com /68867740 3 Ibid. 4 http: / /uli.org /wp- content /uploads/ULI- Documents/Building- for - Wellness -The- Business - Case.pdf 5 Tourism Jackson. Jackson, Tennessee recognized for wellness efforts. Accessed on October 2, 2014. http://jacksontn.com/tourism/news/detail/54 6 http: //v .Irk.com/projects /Jackson- city-walls/ 7 Urban Land Institute. `Building for Wellness: The Business Case. "2014. Accessed on September 24, 2014. http: / /uli.org /wp- content /uploads/ULI- Documents/Building- for - Wellness -The- Business - Case.pdf 8 Mithun Consulting, Denver Housing Authority. The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. Pg 19. 9 Ibid. 10 Ibid. 11 Kaid Benfield. Denver redevelopment sets new standards for community engagement and analysis. Switchboard: National Resources Defense Council Staff Blog. June 7, 2012. Access on October 1, 2014. http: // switchboard. nrdc. org / blogs/kbenfield/ denver _redevelopment_sets_new.html 12 Mithun Consulting, Denver Housing Authority The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. Pe 19. 13 Ibid. 14 Kaid Benfield. Denver redevelopment sets new standards for community engagement and analysis. Switchboard: National Resources Defense Council Staff Blog. June 7, 2012. Access on October 1, 2014. http: // switchboard .nrdc.org /blogs /kbenfield/ denver _redevelopment_sets_new.html 15 Ibid. 16 Joe Vaccarelli. The Denver Post. Mariposa District in West Denver sees change after five years. May 29, 2014. Accessed on October 1, 2014. http: / /www.denverpost.com/denver /ci_ 25844421 /mariposa - district- westdcnver- sees - change -after -five 17 Ibid. 18 Center for Active Design. Mariposa Redevelopment Master Plan and Healthy Living Initiative Accessed on October 1, 2014. http : / /centerforactivedesign.org /mariposa/ 19 Ibid. 20 Joe Vaccarelli. The Denver Post. Mariposa District in West Denver sees change afterfave years. May 29, 2014. Accessed on October 1, 2014. 21 Ibid. 22 Mithun Consulting, Denver Housing Authority. The Mariposa Healthy Living Initiative. October 2012. Accessed on October 1, 2014. Pg 22. The \i at Practice WS -B -58 23 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications, Vita: Health & Wellness District in Stamford, CT. Stamford: Chatter Oak Communities, 2013. Full Report. p. ii. Accessed April 15, 2014 at: http://vitastamford.com/strategic-plan/ 24 Ibid p. i. 25 Ibid p. ii. 26 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications. Vita: Health & Wellness District in Stamford, CT. Stamford: Charter Oak Communities, 2013. Appendix. Section: "Development Strategies ". p. 4. Accessed April 15, 2014 at: http: / /vitastamford.com /strategic -plan/ 27 Ibid. 28 Ibid. 29 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Tripp Umbach, and Balance Health Communications. Vita: Health & Wellness District in Stamford, CT. Stamford: Charter Oak Communities, 2013. Full Report. pp. 14. Accessed April 15, 2014 at: http: / /vitastamforcf.com /strategic -plan/ 30 Ibid p. 38. 31 Ibid p. 3. 32 The Village Commercial District (VC District) is intended to implement the policies, goals and urban design principles articulated in the Master Plan of the City of Stamford, calling for preservation and development of a sustainable, transit oriented and pedestrian friendly "Main Street" character for the neighborhood centers of Stillwater, Glenbrook and Springdale, including the development of new structures and uses with appropriate architectural designs and the conservation and enhancement of the character of existing buildings, sites, streetscapes and pedestrian environments. 33 City of Stamford. Zoninz Regulations, City of Stamford Connecticut, Stamford: City of Stamford, February 7, 2013. Accessed on April 15, 2014 at: http: / /www.stamfordct.gov/ sites /stamfordct/Mes /file /file /city -of stam ford - zoning - regulations -O.pdf 34 Gamble Associates, Madden Planning Group, Development Strategies, Reisen Design Associates, Trip Umbach, and Balance Health Communications. Vita Health & Wellness District in Stamford, CT Stamford: Charter Oak Communities, 2013. Full Report. p. 23. Accessed April 15, 2014 at: http: / /vitastamford.com /strategic -plan/ 35 Ibid p. 25 (Footnote 4). 36 Ibid p. 7. 37 Ibid p. 71. 38 Artscape Wychwood Barns: The Vision." D.-I.Y. Creative Placemahing. Artscape. Accessed April 14, 2014 at: http: //w ..artscapediy.org /Case - Studies /Artscape - Wychwood - Barns.aspx 39 Ibid. 40 Knezevic, L, Landman, K, Blay - Palmer, A. and Nelson, E. Models and Best Practices {or Building Sustainable Food Systems in Ontario and Beyond. Guelph: Ontario Minister of Agriculture, Food and Dural Affairs, 2013. p.9, Accessed on April 19, 2014 at: http: / /www. uoguelph. ca/omafra_ partnership /]ctt /en/agrifoodrarallink/res ources/MBPFultReportFINAL.pdf 41 City of Toronto. City of Toronto Ward Prof�iles: Ward 17. City of Toronto, 2006. Accessed on December 1, 2010 at http: / /www.toronto. ca/wards2000 /wardl7.htm 42 The Stop. The Stops Healthy Food Philosophy. Accessed May 21, 2011 at: http://www.thestop.org 43 Levkoe, C. Learning democracy through foodjustice movements. Agriculture and Human Values, 23(l).2006. pp. 89 -98. Link:littp: / /dx.doi.org /10.1007 /sIO460- 005 - 5871 -5 44 The Stop. the Stop Communityy Food Centre: Financial Statements. Toronto. August 13, 2013. Accessed April 25, 2014 at http: / /www.thestop. org /sites /thestop. org /files /the - stop -cfc- audited _financial_statements_2012 -13.p df The Nexi Practice WS -6-59 45 "Artscape: Artscape Wychwood Barns" Accessed on May 1, 2014 at: http://torontoartscape.org/artscape-wychwood-barns 46 "Section 37" is a particular section of the planning act which allows a municipality to pass zoning bylaws authorizing additional height and /or density to a development project. In return, the developer must offer community benefits, which can include ali`oidable or mid - range rental housing, community services and facilities space, not - for -profit child care facilities, public art and others. '17he No%i Practice WS —B -60 The Next Practice The Next Practi(e Ltd. 720 Bathurst Street Toronto, Ontario M56 2R4 Office +1- 416- 461 -1644 (@]1 +1-416-303-0478 WS -B -61 WS -B -62 Exhibit 3 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, the City of Santa Ana has a population of 334,227, 78% of which are Latino, 11% Asian, 9% White, 2% others. Santa Ana has over 30% of households with children under 18 living at home. A wide variety of languages are spoken, with 83% of households having a language other than English spoken at home. Culturally the city has over 48% of its households born in countries other than the US. As one of the densest, youngest, and most culturally and ethnically diverse cities in the nation, the goal of engaging all sectors of our community in a meaningful way, and of creating consensus, are all the more important; and WHEREAS, in November 2013 the City of Santa Ana launched the Downtown Santa Ana Wellness Corridor; and WHEREAS, In March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including in the creation of a comprehensive economic developrnent strategic plan, supporting neighborhood vitality and liability, and promoting a strong arts and culture infrastructure. WHEREAS the City of Santa Ana supports the creation of a: distinct cultural destination and a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana the City of Santa Ana; and WHEREAS, the City of Santa Ana is developing a Santa Ana Downtown /Transit Zone Complete Streets Plan to create a more walkable, bikeable, vibrant and healthy environment in Santa Ana's Downtown; WHEREAS, downtown Santa Ana is already a destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter 'Wellness Goods and Services'); and WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana; and WHEREAS, the residents of central Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease, and higher propensity to be uninsured in comparison to other Orange County residents, which increases the public sector and employer costs for health care provision; and Last Modified: 1/12/2015 WS -B -63 Page 1 of 5 WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and seek safer opportunities for commuting or recreation; and WHEREAS, the residents of central Santa Ana only buy a portion of their household's Wellness Goods and Services purchases in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown, and have been organizing into groups and committees to advance wellness initiatives such as the Wellness Corridor along 4`' St, Santa Ana Building Healthy Communities Equity for All Workgroup, Santa Ana Business Council, Familias Corazones Verdes, (etc); and WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the city of Santa Ana not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of - affordable, quality prepared food in their downtown areas; and WHEREAS, the City of Santa Ana is already in an exclusive negotiating agreement with St. Josephs Hospital and Taller San Jose to establish a Wellness Center in the downtown; and WHEREAS, other North American cities have successfully applied a 'Wellness District' strategy for the renewal of their downtown areas, based on partnerships with hospitals, employers, downtown retailers, property owners and developers, and resident associations, thereby improving quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers; THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that in particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households. Through the Wellness District strategy the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown. Last Modified: 1/12/2015 WS -B -64 Page 2 of 5 Therefore, the City of Santa Ana further resolves to work in collaboration with historically community based organizations that serve Santa Ana residents, Santa Ana businesses and residents of the surrounding area to: A. Implement wellness policies in planning and economic development: 1. Create an equitable, inclusive economic development plan, as called for in the five -year strategic plan that is driven by the needs and vision of underserved resident communities, that focuses on supporting Santa Ana residents, local businesses, workers, youth and families, and that creates opportunities for anyone to find affordable housing and support themselves and their families in the City of Santa Ana. 2. Perform a Health and Wellness Outcomes Assessment to set a baseline for conditions of residents, businesses and organizations in the area, monitoring the success of the Wellness District strategy based upon improvements against this baseline. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to active programming of healthy recreational and cultural activities, incentives for businesses offering: wellness goods and services, and incentive for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Implement health policies in economic development in line with health in all policies. 5. Implement strategies for Santa Ana residents to remain and thrive in Santa Ana while minimizing the negative consequences of development such as increased cost of living in housing. 6. Engage the vendor community to ensure that plans, policies, and street design are inclusive of their contribution to servicing low income residents and their families as well as downtown employees and visitors. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 7. Adopt the name Calle Cuatro Marketplace for the downtown 8. Support the following community- organized events to further establish the distinctive Latino character of downtown Santa Ana and to promote health, wellness and culture by waiving the municipal charges and fees associated with public space usage, including waivers of street closure fees, security costs, and liability insurance requirements, and the permission of flyers, to support the following events:. a. Dia del Nino, April b. Dia de las Madres, May c. Dia de los Padres, June d. Festival de Quinceneras, August e. Fiestas de las Americas, September f. Noche de Altares (Bonn Pchum Benh/Te "t Doan Ngo), November g. Dia de la Virgen, December h. Christmas Parade down Main St ( South Main Merchants)December Last Modified: 1/12/2015 WS -B -65 Page 3 of 5 i. Posadas Navidenas, December j. Reyes Magos, January k. International Food Festival (Multicultural Event) Open I. T& Festival m. Exercise and dance classes n. Organized walks, runs, and bike rides o. Harvey Milk, OC Pride p. Other events reflecting culture and wellness 9. Implement infrastructure improvements that promote walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along 4th street from Ross to Grand, a street promenade on Sycamore between 4t" and 5th, and permanent route place makers and wayfinding as recommended in the Wellness Corridor plan. a. Organize a robust process for developing the Capital Improvement Plan by collaborating with the community to adequately define the criteria that prioritizes projects aligned with community needs. 10. Ensure that the Arts Master Plan for the downtown corridor gets shaped in a participatory process between the city, the downtown liaison, arts commission, focal artists also involving the various community serving organizations of the downtown, local businesses, and Santa Ana public schools in the vicinity. This Master Plan ought to be aligned with the infrastructure and beautification needs of the Latino serving downtown businesses. a. The city should develop, urban, architectural design forums for certain areas within the city that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community- serving sites in and surrounding the downtown: 11. Designate the parking lot on 3rd between Spurgeon and Bush for community- organized programming that encourages access to affordable, culturally relevant wellness goods, services, and overall experience. 12. Over the next three years, transfer the title of vacant sites to be established as a network of 5 micro -farms to increase the access of underserved communities to healthy food options and to food production, under the management of a new SABHC- Community Development Corporation. a. Begin with a pilot by providing a longterm lease of sites 1222 E 4th St & 1221 E 3rd St to Santa Ana Building Healthy Communities, until the title can be transferred to SABHC- CDC. 13. Designate a City owned site or property in the downtown to be a Latino mercadito under the ownership and management of a new SABHC Community Development Corporation. 14. Create an office of immigrant affairs in alignment with "Cities for Naturalization" as a service that supports Santa Ana residents. Last Modified: 1/12/2015 Page 4 of 5 WS -B -66 D. Implementation 15. Legislatively create the Economic Development Task Force, so as to allow it to be subject to the Brown Act and thereby permitting the notification and participation of hard to reach audiences and underserved communities in economic development planning and implementation. 16. Allocate seats on the Economic Development Task Force for small businesses that historically serve the Latino community, community- serving non - profit organizations, representatives of organized labor, and representatives of resident led community groups. The SABHC Equity for All Work Group will be formally invited to participate in the regular meetings of the Economic Development Task Force that advises the preparation of the new economic development strategy, including the Wellness District strategy. 17. Revisit economic development recommendations or decisions done prior to additional appointments of the Economic Development Task Force. 18. Work with SABHC, SACReD and Wellness Corridor SC to establish a Health and Wellness Committee as advisory to the City to oversee planning, implementation, and evaluation. Similar to the state's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 19. Within three to six months, the head of each affected agency (list agencies) or department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired actions by the Council. Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting the Resolution. ADOPTED this Last Modified: 1/12/2015 WS -B -67 Page 5 of 5 WS -B -68 Exhibit � Wellness District Resolution Reso Resolution Language City Response No. 1. Create an equitable, inclusive economic The Economic Development Plan which is tentatively development plan, as called for in the five -year scheduled for award in February 2015 will create said plan strategic plan that is driven by the needs and vision for the entire City including the downtown area. The plan of underserved resident communities, that focuses will include a process by which the community and on supporting Santa Ana residents, local stakeholders will provide input. businesses, workers, youth and families, and that creates opportunities for anyone to find affordable The creation of this plan would be inclusive of the needs of housing and support themselves and their families all residents, businesses, visitors, as well as the retention and in the City of Santa Ana. attraction of new business. Affordable housing is being addressed through the Housing Authority, the recently adopted Adaptive Reuse ordinance, as well as development projects such as the Santiago Lofts, Vista del Rio, etc. 2. Perform a Health and Wellness Outcomes Connecting with local health coalitions is a strategic way to Assessment to set a baseline for conditions of support community health outcomes. To that end, the City of residents, businesses and organizations in the area, Santa Ana has participated in Latino Health Access's monitoring the success of the Wellness District Wellness Corridor community workshops. As a result of that strategy based upon improvements against this process, a baseline for conditions was identified. baseline. Health and wellness related to public health is a function of the County of Orange, which already tracks many factors that would be incorporated into a similar assessment. The City's 5 -year Strategic Plan outlines the City's commitment to "Community Health, Livability, Engagement & Sustainability "as Goal S. Objective 6 specifically outlines seven strategies related to health: "Focus projects and programs on improving the health and wellness of all residents." The City Council has also emphasized the importance of performance measurements as specifically addressed in strategy 5.6.d related to the implementation of health and wellness programs being based on quantifiable and measureable data. A citywide Health and Wellness Assessment requires the identification of funding. 3. Implement strategies that ensure development The Strategic Plan addresses strategies related to active aligned with Wellness District Principles and programming and recreational and cultural events. approaches, including but not limited to active programming of healthy recreational and cultural The City of Santa Ana provides incentives in the form of activities, incentives for businesses offering Community Development Block Grant funding. $340,000 wellness goods and services, and incentive for was made available to nonprofit organizations for the businesses committing to long term provision of provision of public services which provide a benefit to low - good jobs, affordable housing, and economic and moderate - income persons and which align with the stability for Santa Ana residents. following City of Santa Ana Strategic Plan Goals: 11 Page WS -B -69 21 Page WS -B -70 • Community Safety • youth, Education, Recreation, or • Community Health, Livability, Engagement & Sustoinability Additionally, the City of Santa Ana's WORK Center is committed to connecting local job seekers to good sources of employment and vice versa. While the City of Santa Ana and cities in general, oversee land use via a zoning code or ordinance which broadly designates appropriate businesses categories and uses for each parcel, private property owners control the specific tenants and business uses. Any financial incentives for businesses take into consideration the economic impact. 4. Implement health policies in economic Economic development can produce healthy outcomes by development in line with health in all olp ices. investing in education, active design ( "Complete Streets "), transit oriented development, cultural and recreational programs, the provision of open space, and local food access. Incorporated into the City's Strategic Plan is 5.6.f "Incorporate health, wellness and equity into all applicable policies and plans (e.g. General Plan, Comprehensive Economic Development Strategy, Capital Improvement Plan, etc.)." 5. Implement strategies for Santa Ana residents to There are four strategies that 'facilitate diverse housing remain and thrive in Santa Ana while minimizing opportunities and support efforts to preserve and improve the negative consequences of development such as the livability of Santa Ana neighborhoods." This includes the increase cost of living in housing. City's Housing Opportunity Ordinance. The Strategic Plan outlines strategies specific to job training, and services for residents. This includes senior programs, youth programs, and the "Santa Ana Buy Local Plan ". New development opportunities will help current and future residents to live and work within the city, such as Adaptive Reuse. Educational partnerships are focused on supporting educational attainment which then correlate with higher income and housing opportunities. 6. Engage the vendor community to ensure that plans, If referring to general vendors and all enterprises doing policies, and street design are inclusive of their businesses with the City: The City approved the Sunshine contribution to servicing low income residents and ordinance that provides specific criteria for certain their families as well as downtown employees and development projects, which has provisions for community visitors. meetings. 21 Page WS -B -70 31 Page WS -B -71 The City also has design and material standards for various uses and zones. The City's Citywide Design Guidelines, Chapter 8 refers specifically to Downtown Development. 7. Adopt the name Calle Cuatro Marketplace for the Cities and municipalities do not generally assign Downtown neighborhood names, they are often organically assigned and /or promoted via marketing and branding efforts. Downtown merchants, residents and other stakeholders may come together to brand and market the area. It may be advantages to finalize this after development and approval of the Economic Development Plan. If the City were to pursue a Branding Study, after funds have been identified, a consultant would need to be hired to perform surveys of the community and involve all stakeholders including residents, businesses, renters, government entities, artists, etc. 8. Support the following community- organized events Fees associated with any special event are to cover to further establish the distinctive Latino character administrative cost and real costs for events. Public safety of downtown Santa Ana and to promote health, costs are usually the highest. As a basis of comparison the wellness and culture by waiving the municipal following is a list of events and Police Department overtime charges and fees associated with public space costs for 2014. usage, including waivers of street closure fees, security costs, and liability insurance requirements, + Cinco de Mayo - $30,685 and the permission of flyers, to support the • Taste of Santa Ana - $810 following events: • OC Pride - $8,411 • City SK- $15,620 • Fiestas Patrias /Parade - $36,246 • SOMOS - $30,290 • Noche de Altores - $8,026 • Immaculate Heart Posada - $2,408 Event costs not noted such as traffic control and additional staffing are added to events as needed. Funding for these fees would need to be identified in some other way if they are to be waived. Removal of liability insurance requirements would place undue exposure to the City and the event organizers. Any claim against the City would then be borne entirely with public funds. Given the volume of Downtown events, flyering would create a disproportionate burden on our waste management and clean -up services. Street closures are already at on all -time high and have been the cause of complaints to local businesses; a careful balance must be struck. 31 Page WS -B -71 9. Implement infrastructure improvements that promote walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along 4" street from Ross to Grand, a street promenade on Sycamore between 4th and 5th, and permanent route place makers and way finding as recommended in the Wellness Corridor plan. Organize a robust process for developing the Capital Improvement Plan by collaborating with the community to adequately define the criteria that prioritizes projects aligned with community needs. 10. Ensure that the Arts Master Plan for the downtown corridor gets shaped in a participatory process between the City, the downtown liaison, arts commission, local artists also involving the various community serving organizations of the downtown, local businesses, and Santa Ana public schools in the vicinity. This Master Plan ought to be aligned with the infrastructure and beautification needs of the Latino serving downtown businesses. The city should develop urban, architectural design forums for certain areas with the City that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the City's heritage and cultural identity. 41 Page The City cannot administratively waive fees. The Santa Ana Municipal Code outlines a Master Fee Schedule which applies to all events and event organizers. To provide equity, any waiver of fees should be citywide and not area specific. In order to waive fees, the City Council would need to adopt an Ordinance that provides for the waiver. This could be introduced by the Mayor or Councilmember as an 85a on the Council Meeting Agenda. Upon direction from the majority of the City Council, staff would then draft the Ordinance for approval by the City Council. In collaboration with Latino Health Access, Building Healthy Communities, and various City Departments, the City of Santa Ana has made a commitment to promoting walkability /bike - ability in Downtown Santa Ana. The Circulation Element of the Santa Ana General Plan serves as the City's blueprint for active transportation planning and ensures opportunities for travel by modes of transportation that support health and active lifestyles. The City has recently hired an Active Transportation Coordinator and has drafted a complete streets plan specific to the downtown which included a public process comprising multiple community input sessions. The new Safe Mobility Santa Ana effort addresses this issue citywide and ensures that safety is seamlessly integrated into the various plans the City is conducting, including the CIP. The City is committed to providing the community with multiple opportunities to provide input and be involved in the development of its The Arts and Culture Commission is currently reviewing the RFP for the Arts Master Plan. To the extent that the RFP development must remain an internal process so as not to provide vendors with working copies until it is finalized, the City will go through a thorough review process. This master plan will cover the entire City and not solely the downtown area. The plan will be inclusive to represent the diverse needs of the City. The City currently has a variety of design standards which ensure quality and promote aesthetic standards. These design standards pertain to all locations in the city and often to specific types of use. The City of Santa Ana's Design Guidelines and Development Standards is the result of a comprehensive analysis of the City's existing design and development guidance documents. The Guidelines contained within the document, which can be found on the City's website, consolidate the City's discretionary review documents and provide supplementary design guidance far issues not explicitly stated in the Santa Ana Municipal Code. WS -B -72 51 Page WS -B -73 The downtown standards specifically address the historical architecture and preservation of aesthetics to the historic buildings. 11. Designate the parking lot on 3r6 between Spurgeon This parking lot may be reserved using the Permit and Bush for community- organized programming Application for Special License for Use of Public Property. that encourages access to affordable, culturally This form is currently used for such events as the Art Walk, relevant wellness goods and service, and overall Farmer's Market, and other community events. The 3rd 18ush experience. Parking lot is specifically listed on the form as an applicable location. The City and merchants both have needs for parking in the downtown for general purpose needs and also the City Council approved Valet Parking Program. 12. Over the next three years, transfer the title of Santa Ana Municipal Code sections 2 -706 through 2 -710 vacant sites to be established as a network of 5 provides for a public process to dispose of surplus real micro -farms to increase the access of underserved property. The City Council has to first identify the property as communities to healthy food options and to food surplus and the public works director begins the process of production, under the management of a new listing the property for sale through an auction or listing SABHC- Community Development Corporation. with an agent. There are two exceptions for property adjacent to another parcel where the owner of the private Begin with a pilot by providing a long term lease of parcel makes a case to purchase the adjoining parcel or sites 1222 E 41h St. & 1221 E. 311 St to Santa Ana where the city desires to sell the property to another public Building Healthy Communities, until the title can be agency. There are no provisions for "giving the property transferred to SABHC -CDC. away "forless than fair- market value. 1222 E. 41b Street and 1221 E. 3rd Street, are currently vacant lots as part of the Grand Improvement Project. The property was purchased with TSIA and Federal Transit funds. The City would need to repay at current market value or reuse those funds for a similar transportation use. The proposed use would not be an allowable use of this parcel. 13. Designate a City owned site or property in the With the exception of right of way, parking facilities and the Downtown to be a Latino mercadito under the Grand Central Arts building, the City does not currently own ownership and management of a new SABHC land or buildings in the downtown. Community Development Corporation. The City is currently in the RFP selection process for a development project at the 3rd /Broadway parking facility. 14. Create an office of immigrant affairs in alignment The City does not process immigration requests as it is with "Cities for Naturalization" as a service that preempted by Federal law. supports Santa Ana residents. 15. Legislatively create the Economic Development At the direction of the City Council to make such a change. Task Force, so as to allow it to be subject to the Brown Act and thereby permitting the notification and participation of hard to reach audiences and underserved communities in economic development planning and implementation. 16. Allocate seats on the Economic Development Task The following is a partial list of members. This list represents Force for small businesses that historically serve a various range of members. the Latino community, community- serving non- f Santa Ana Merchants Association profit organizations, representative of organized • Orange County Business Council 51 Page WS -B -73 labor, and representatives of resident led ! Santa Ana Chamber of Commerce community groups. The SABHC Equity for All Work • Hispanic Chamber of Commerce Group will be formally invited to participate in the . Vietnamese Chamber of Commerce regular meetings of the Economic Development Task Force that advises the preparation of the new The public is welcome to attend these meetings. economic development strategy, including the Wellness District Strategy. In an effort to enhance the City's current economic development efforts and provide guidance on the new Economic Development Strategic Plan (EDSP), the City formed an Economic Development Taskforce comprised of key stakeholders throughout the City. 6 1 P a g e The Taskforce will assess Santa Ana's competitive advantages and develop a set of recommendations for the City Manager to review as various policies are brought to the City Council for consideration. The Committee will also be asked to evaluate and provide guidance on issues such as: • Current City fee structure (business license and permitting costs) • Targeted business attraction and retention strategies • Regulatory policies affecting business and industries in the City • Streamlining business processes • Small business advocacy • Maintaining a "Business Friendly' approach and standard The City Manager received direction from the FEDT Council Committee to provide a list of recommended stakeholders for each Councilmember to select taskforce members. The Mayor and the City Council each provided their top selections. Below is a listing of the ED Taskforce members that were selected: • Mike Balsamo, Building Industry Association • Sharon Barlow, Santa Ana Merchants Association • Ryan Chase, Downtown Incorporated • Lucy Dunn, Orange County Business Council • David Elliott Santa Ana Chamber of Commerce • Reuben Franco, Hispanic Chamber of Commerce • Parker Kennedy, First American Title • Justin McCusker, C.J. Segerstrom and Sons • Carl Middleton, Northgote Gonzalez • Tam Nguyen, Vietnamese American Chamber of Commerce • Adalberto Quijoda, Small Business Administration WS -B -74 71 Page WS -B -75 City Manager will request Raul Yanez, President of the Santa Ana Business Council be added to replace the former President on the ED Taskforce. 17. Revisit economic development recommendations Recommendations made by this or any other committee, or decisions done prior to additional appointments advisory group, etc., are simply recommendations that are of the Economic Development Task Force. ultimately at the discretion of the City Council. The Task Force has made three recommendations to date: 1. Develop an Economic Development Strategic Plan and hire a consultant via competitive process to draft the Plan 2. Hire three (3) additional Senior Plan- Checker Engineers and one (1) Senior Plumbing Systems Specialist to reduce planning and building lead times from 63 days (current) to 15 days (best practice), and make the City of Santa Ana more business friendly (approved by City Council November 18, 2014) 3. Hire new building inspectors (1 senior combo building inspector, 3 combo building inspectors, 1 permit processor) to ensure next day inspection. Next day is best practice; City currently takes at least 3 days. Approved by City Council on Sept 16, 2014. 18. Work with SABHC, SACRed and Wellness Corridor The City currently operates under various planning and SC to establish a Health and Wellness Committee as advisory committee%ommissions. Members are selected advisory to the City to oversee planning, and appointed by the City Council. Functions described are implementation, and evaluation. Similar to the currently being incorporated by affected agencies such as State's Health in All Policies task force, this Planning and Buildings and Parks Recreation and committee will support in performing Health Community Services. Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 19. Within three to six months, the head of each The City currently reports monthly on the Strategic Plan and affected agency (list agencies) or department of the copies are available on the City's website and monthly as City shall report back to the City Council and the part of the Council Agenda packet. Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned and any desired actions by the Council. 71 Page WS -B -75 WS -B -76 C 0 0 N C N w c Exhibit 5 N m m a w G o N -12 6 G v a o w E ° o � o a c S u° w h s '� ° N CL v °° w o- `o o c a E h y w° Y o `o U - w Z3 ai Qj ❑ C O E E C N ❑ C .= W v h O ° W= O G v U a Q C v= O p w a o v° ° 3 ❑ a a ' o G U E �.. N ar > O N u U ❑� ts E = c o ¢ a E Oj E e o ° p N G 3 O v h y O y aS_r G ° ❑O Q= EO w 3 ❑ U O O. 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O OC w U U E Y c a m o > O N N C O m O U V bD C m T C O O v U O i U O bD U 0 U WS -B -89 N bo m D_ M N WS -B -90 Exhibit ;3*Y6Il1j111118101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH A WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, in March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including the creation of a comprehensive economic development strategic plan, supporting neighborhood vitality and livability, and promoting a strong arts and culture infrastructure; and, WHEREAS, the Santa Ana has a population of 334,227, of whom 78% are Latino, 11% are Asian, 9% are White, 2% identify as another race or ethnicity. Over 30% of Santa Ana households include children under 18 living at home, A wide variety of languages are spoken, with 83% of households speaking a language other than English at home. Santa Ana is culturally diverse; over 48% of households include individuals born in countries other than the US. As one of the densest, youngest, and most culturally and ethnically diverse cities in the nation, Santa Ana's goals of engaging all sectors of our community in a meaningful way and of creating consensus are all the more important; and, WHEREAS, in November 2013 the Downtown Santa Ana Wellness Corridor was launched; and, WHEREAS the City supports the creation of a distinct cultural destination and a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana; and, WHEREAS, the City is developing a Santa Ana Downtown Transit Zone Complete Streets Plan to create a safer and more wallwble, bikeable, vibrant and healthy environment in Santa Ana's downtown; and, WHEREAS, downtown Santa Ana is already destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter referred to as Wellness Goods and Services); and, WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and, WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana's sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana, that when combined with increased sales to commuters, visitors and new downtown settlers can be an effective strategy to re- invigorate sales in the downtown; and, WHEREAS, the residents of Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease and higher propensity to be uninsured in comparison to other Orange County residents, and which increases the public sector and employer costs for health care provision; and, Last Modified: 3/4/2015 WS -B -91 Page 1 of 5 WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and they seek safer opportunities for such active forms of commuting or recreation; and, WHEREAS, the residents of central Santa Ana only buy a portion of their Wellness Goods and Services in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown; and to advance wellness initiatives they have been organizing into groups and committees such as the Wellness Corridor Steering Committee, the Santa Ana Building Healthy Communities (SABHC) Equity for All Workgroup, the Santa Ana Business Council and Comite Familias Corazones Verdes, among others; and, WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the Santa Ana community not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and, WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of affordable, high - quality prepared food in their downtown areas; and, WHEREAS, the City is already in an exclusive negotiating agreement with St. Joseph's Health and Taller San Jose to establish a Wellness Center in the downtown; and, WHEREAS, other North American cities have successfully applied a "Wellness District" strategy for the renewal of their downtown areas based on partnerships with hospitals, employers, downtown retailers, property owners developers and resident associations, thereby improving the quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that In particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households while remaining inclusive of commuting; visiting and newly settling populations. Through the Wellness District strategy, the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown. The City further resolves to work in collaboration with Santa Ana residents and community based organizations and businesses that historically have served them to: A. Implement wellness policies in planning and economic development: Last Modified: 3/4/2015 WS -B -92 Page 2 of 5 1. Ensure an equitable, inclusive economic development plan, as called for in the City's five - year strategic plan, that acknowledges and prioritizes the wellness needs and vision of underserved resident communities; that focuses on supporting Santa Ana residents, local small businesses, workers, youth and families; that creates opportunities for anyone to support themselves and their families in Santa Ana; and that allows for a health lens on economic development, in line with Health In All Policies. 2. The City will work with the Orange County Health Care agency, local health systems, non profit organizations, and neighborhoods to produce a baseline assessment of health and wellness and establish indicators which will be used to measure performance and success in health and economic development outcomes. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to the following: active programming of healthy recreational and cultural activities, creating incentives and eliminating disincentives for local businesses offering wellness goods and services, and creating incentives for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Proactively develop and implement strategies for-Santa Ana residents to remain and thrive in Santa Ana while minimizing negative impacts of development; including increases in the cost of living and other indirect catalysts of displacement. 5. Engage the street vendor community to ensure that the City's plans and policies do not impede and are inclusive of their contribution to servicing low- income residents and their families as well as downtown employees and visitors. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 6. Support the resolution Establishing "La Calle Cuatro" as the official and historical name of Fourth Street in Santa Ana, and the designation of Plaza Santa Ana as Plaza Calle Cuatro, affirming the name and branding of La Calle Cuatro and Calle Cuatro Marketplace. 7. Support community - organized events and programming in the downtown that promote health, wellness, and culture in the public's interest through establishing criteria and a procedure forfunding scholarships to coverfees associated with permits and public safety for "temporary outdoor activities" and "special events" including in public and private parking lots. Establish an application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements that promote safety, walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along Fourth Street from Ross to Grand, a street promenade on Sycamore between Fourth and Fifth Street, and permanent route place- markers and wayfinding measures as recommended in the Downtown Santa Ana Wellness Corridor Strategic Plan and Downtown Transit Zone Complete Streets Plan. Last Modified: 3/4/2015 Page 3 of 5 WS -B -93 a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. 9. Ensure that the arts master plan for the Wellness District gets shaped in a participatory process among the City, the downtown development liaison, the Arts Commission, and the community's local artists, while also involving the various community- serving organizations of the downtown, local businesses, and public schools in the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification needs of the neighborhood - serving downtown businesses. a. The City should develop urban, architectural design forums for certain areas within the community that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community- serving sites in and surrounding the downtown: 10. Pilot a system of community operated microfarms under a cooperative economic development model by providing a long term lease to Santa Ana Building Healthy Communities three sites of at least % acre size from the following lots: 114 S. Bristol St., 124 S. Bristol St,, 410 S. Bristol St., 414 S. Bristol St., 119 S. Bristol St., 123 S. Bristol St., 402 S. Bristol St., 302 S. Bristol St., 306 S. Bristol St., 310 S. Bristol St., 314 S. Bristol St., 318 S. Bristol St; 430 S;, Bristol St., 434 S. Bristol St., 438 S. Bristol St., 442 S. Bristol St., 446 S. Bristol St., 502 S. Bristol St., 508 S. Bristol St., 510 S. Bristol St., 514 S. Bristol St., 518 S, Bristol St., 522 S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St., 621 N. Spurgeon St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 E. 1st. St. 11. Identify property in the downtown, including right of way, parking facilities and the Grand Central Arts building, to be utilized as a Latino mercadito with opportunities for vending for Santa Ana artisans, craft makers, and other neighborhood serving small businesses. 12. Create an office of immigrant affairs in alignment with "Cities for Citizenship" as a service that supports Santa Ana residents. D. Include all stakeholders and be accountable in implementation of this resolution: 13. As per resolution Establishing the Community Advisory Committee for Economic Development Planning, legislatively create an Economic Development Advisory Committee that includes representatives from stakeholder groups including business councils, local businesses, Latino and Vietnamese -owned businesses, labor, workforce development and education, nonprofits, and residents of Santa Ana. This committee will be tasked with providing recommendations on economic development planning to the Economic Development Plan consultant and to the council for approval, and it will be subject to the Brown Act, thereby requiring the notification and allowing the participation of the public. Last Modified: 3/4/2015 WS -B -94 Page 4 of 5 14. Revisit scope of work of the consultants fort he Economic Development Strategic Plan and incorporate recommendations from the newly created advisory committee that could support an accessible and inclusive outreach for the strategic plan. 15. Formalize the Healthy Cities Committee as an advisory group with defined representative membership and clear objectives to oversee planning, implementation, and evaluation of this resolution, and other city matters where they intersect with health. Similar to the State's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 16. Within three to six months of the adoption of this resolution, the Community Development, Planning and Building, and any other implementing department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implementthe resolution, additional steps planned, and any desired direction by the City Council Section 2. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting the Resolution. ADOPTED this Last Modified: 3/4/2015 WS -B -95 Page 5 of 5 WS -B -96 Exhibit T A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, ESTABLISHING THE COMMUNITY ADVISORY COMMITTEE FOR ECONOMIC DEVELOPMENT PLANNING WHEREAS, the Santa Ana Strategic Plan states that economic development is a goal and a priority forthe city, and that the City of Santa Ana will work aggressively to encourage businesses to locate and invest in our community, providing good jobs, reducing unemployment, and bolstering our City's tax base, and WHEREAS, the Santa Ana Strategic Plan considers the completion of a comprehensive economic development strategy to be a key strategy in achieving goals of economic development, and WHEREAS, the City of Santa Ana struggles with high rates of unemployment and low incomes, yet is a vibrant and culturally diverse city with a growing youth population that has significant potential for economic development, and WHEREAS, economic development is critical to the financial well -being and future growth of our city, and responsible economic development must bring opportunityto all of Santa Ana's residents, businesses, and workers. NOW, THEREFORE, BE IT RESOLVED as follows: There is hereby established the City of Santa Ana Community Advisory Committee for Economic Development Planning ( "Committee "). The Committee shall consist of: (15) fifteen voting members. The membership of the Committee must represent a number of critical stakeholder groups; to this end, seats of the committee will be designated to representatives as follows: a. Eight (B) seats to be held by representatives of the business community: i. One (1) seatfor a business affiliated with each of the following business communities in Santa Ana: 1. The Santa Ana Business Council 2. The Hispanic Chamber of Commerce 3. The Vietnamese Chamber of Commerce 4. The Santa Ana Chamber of Commerce 5. The Orange County Business Council ii. Three (3) seats for businesses located in diverse geographic regions of Santa Ana, including the South Main corridor and downtown Santa Ana. Seven (7) seats to be held by stakeholders, one representing each of the following groups or affiliations: i. Two (2) seats for representatives of organized labor, If these seats are held by representatives of individual unions rather than councils of labor unions, the unions represented must be from different industries. I. One (1) seat representing workforce development or employment training (e.g. the Workforce Investment Board) iii. One (1) seat representing formal continuing education, either from high school employment - preparation or from community college iv. Two (2) seats to be held by representatives of the Santa Ana community, one adult (over 25 years of age) and one youth (16 to 25 years of age). Both must have been residents of Santa Ana for at least three years. WS -B -97 v. One (1) seat to be held by anon profit organization that serves youth and families and /or promotes community health outcomes, with at least 50 percent of its operations based in Santa Ana. 3. Member of the City Council shall each appoint 2 members to the Committee. AS Committee seats are reserved for applicants who represent specific stakeholder groups, the City Council members will draw lots for the order in which they will make each Jappointmen .when making Commented [all: or should they draw lots on which their appointments, each member of the Council will identify which seat (representative of seats they get to appoint? business, labor, etc.) they are appointing. The remaining three seats will be appointed by the City Manager. 4. The public shall be advised that applications for membership on the Committee may be submitted to the City Clerk through (Date, 2015). Such notice shall be published in a newspaper of general circulation and posted at the office of the City Clerk. Committee members serve at the pleasure of the Councilmember appointing him or her. S. All nominees to the Committee must be Santa Ana residents. Elected officials and anyone related to or employed by (city staff or professional staff) elected officials in Santa Ana are prohibited from serving on the Committee. 6. The Committee shall provide adviceto the City Council on [economic development goals here, pull from Strategic Plan] (number these) 7. The Committee's recommendations shall be communicated in writingto the City Council by (Date) or through such other means and on such other dates as shall be set by the City Council. Committee meetings shall be open to the public, recorded, and available for viewing at Santa - ana.org. 8. To assist the Committee, the City's staff and City's consultants are authorized and directed to provide logistical support, community outreach assistance, and all necessary information to the Committee regarding the following subjects: a. lBusiness retention and attraction b. Promotion of local business c. Branding and marketing of the city d. Infrastructure development and educational needs for economic development e. Regulation affecting businesses and industries in the city f. Small business issuesand advocacy g. Opportunities for Santa Ana youth employment and retention of young Santa Ana residents h. The City's wage - housing gad Commented[C21:Addltional things that shouldbeadded i. Employment creation j. Promotion and maintenance of safe and healthy workplaces 9. To encourage public input and access, the Committee shall meet monthly at a minimum and hold multiple meetings in different areas of the City. 10. The Committee may assign tasks to subcommittees it creates and have those subcommittees report to the full Committee. 11. The Committee shall terminate its existence thirty (30) days after it reports to the City Council and responds to any additional requests for advice directed to the Committee by the City Council. Once the term of the Committee has concluded, it shall cease to function and shall not exist as a recognized Committee unless extended by Council action. WS -B -98 12. The Committee and its members shall be governed by the Ralph M. Brown Act, the Santa Ana Municipal Code (regarding conflicts of Interest) and all other applicable federal, state, or local laws or regulations. Upon the appointment of the Committee's members, the City Council shall set an initial meeting of the Committee, in accordance with the Brown Act, at a time and place convenient to the Committee's members for the purpose of organizing itself and establishing a schedule of meetings. These meetings may be held at City facilities provided that the facilities are not otherwise in use. The City will establish a special section of the City's website for full access and transparency on all agendas, minutes, and schedules of the Committee. 13. The Committee shall appoint a chairperson and, if desired, the Committee may adopt procedures for the conduct of its meetings and activities that are necessary and convenient to enable the Committee to carry out Its functions. WS -B -99 WS -B -100 Exhibit 8 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DIRECTING THE CITY MANAGER TO ESTABLISH A WELLNESS DISTRICT FOR DOWNTOWN SANTA ANA BASED ON LATINO REVIVAL STRATEGY WHEREAS, in March 2014, the City approved a five -year strategic plan that laid out a vision, mission, principles, and goals committing to integrate health, wellness, and equity in all policies and plans, including the creation of a comprehensive economic development strategic plan, supporting neighborhood vitality and livability, encouraging new businesses and investment, and promoting a strong arts and culture infrastructure; and, WHEREAS, the Santa Ana has a population of 334,227, of whom 78% are Latino, 11% are Asian, 9% are White, 2% identify as another race or ethnicity. Over 30% of Santa Ana households include children under 18 living at home. A wide variety of languages are spoken, with 83% of households speaking a language other than English at home. Santa Ana is culturally diverse; over 48% of households include individuals born in countries other than the US. As one of the densest, youngest, and most culturally and ethnically diverse cities in the nation, Santa Ana's goals of engaging all sectors of our community in a meaningful way and of creating consensus are all the more important; and, WHEREAS, in November 2013 the Downtown Santa Ana Wellness Corridor was launched; and, WHEREAS the City supports the creation of a distinct cultural destination and a secure place for the community and businesses to continue building a strong, thriving, and culturally relevant economy for Santa Ana; and, WHEREAS, the City is developing a Santa Ana Downtown Transit Zone Complete Streets Plan to create a safer and more walkable, bikeable, vibrant and healthy environment in Santa Ana's downtown; and, WHEREAS, downtown Santa Ana is already a destination, locally and in Orange County, for purchases of food, food services, health and personal care products, sporting and hobby goods, as well as educational services, healthcare, recreation and cultural activities (hereinafter referred to as Wellness Goods and Services); and, WHEREAS, from a commercial property performance perspective, downtown Santa Ana therefore already has a local and regionally competitive function as a district for purchases of Wellness Goods and Services; and, WHEREAS, the greatest and most immediate source of purchasing power to increase downtown Santa Ana's sales of Wellness Goods and Services is the predominately Latino residents of central Santa Ana, that when combined with increased sales to commuters, visitors and new downtown settlers can be an effective strategy to re- invigorate sales in the downtown; and, WHEREAS, the residents of Santa Ana have a high incidence of overweight and obesity, which contribute to higher rates of diabetes and heart disease and higher propensity to be uninsured in Last Modified: 3 /4/2015 WS -B -101 Page 1 of 5 comparison to other Orange County residents, and which increases the public sector and employer costs for health care provision; and, WHEREAS, the residents of central Santa Ana engage out of necessity in active transportation, such as walking and biking, and they seek safer opportunities for such active forms of commuting or recreation; and, WHEREAS, the residents of central Santa Ana only buy a portion of their Wellness Goods and Services in downtown Santa Ana but have expressed their interest in accessing additional affordable and culturally relevant Wellness Goods and Services in the downtown; and to advance wellness initiatives they have been organizing into groups and committees such as the Wellness Corridor Steering Committee, the Santa Ana Building Healthy Communities (SABHC) Equity for All Workgroup, the Santa Ana Business Council and Comite Familias Corazones Verdes, among others; and, WHEREAS, the development and strengthening of locally -owned and small businesses in the downtown benefits the Santa Ana community not only through the production of revenue and provision of Wellness Goods and Services, but also through the re- investment of profits within Santa Ana both directly and indirectly; and, WHEREAS, cities throughout the United States have been establishing supportive programs for street vendors and food trucks to increase the availability of affordable, high - quality prepared food in their downtown areas; and, WHEREAS, the City is already in an exclusive negotiating agreement with St. Joseph's Health and Taller San Jose to establish a Wellness Center in the downtown; and, WHEREAS, other North American cities have successfully applied a "Wellness District" strategy for the renewal of their downtown areas based on partnerships with hospitals, employers, downtown retailers, property owners developers and resident associations, thereby improving the quality of life and amenities for residents, increasing local retail and services sales, and reducing health care costs for employers. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City resolves to hereby establish a downtown Wellness District strategy. This strategy will be based upon the further development of a differentiated, distinctly Latino downtown as a retail and activities destination that in particular serves and retains the customer loyalties of central Santa Ana residents and other underserved resident communities and households while remaining inclusive of commuting, visiting and newly settling populations. Through the Wellness District strategy, the City will foster downtown retail, services and activities that are healthy, vibrant, and of an authentic Latino character, thereby also attracting and retaining a broader base of destination visitors and customers to Santa Ana's historic and unique downtown and surrounding neighborhoods. Last Modified: 3/4/2015 WS -B -102 Page 2 of 5 The City further resolves to work in collaboration with Santa Ana residents and community based organizations and businesses that historically have served them to: A. Implement wellness policies in planning and economic development: 1. Ensure an equitable, inclusive economic development plan, as called for in the City's five - year strategic plan, that acknowledges and prioritizes the wellness needs and vision of underserved resident communities; that focuses on supporting Santa Ana residents, local small businesses, workers, youth and families; that creates opportunities for anyone to support themselves and their families in Santa Ana; and that allows for a health lens on economic development, in line with Health In All Policies. 2. The City will work with the Orange County Health Care agency, local health systems, non profit organizations, and neighborhoods to produce a baseline assessment of health and wellness and establish indicators which will be used to measure performance and success in health and economic development outcomes. 3. Implement strategies that ensure development aligned with Wellness District principles and approaches, including but not limited to the following: active programming of healthy recreational and cultural activities, creating incentives and eliminating disincentives for local businesses offering wellness goods and services, and creating incentives for businesses committing to long term provision of good jobs, affordable housing, and economic stability for Santa Ana residents. 4. Proactively develop and implement strategies for Santa Ana residents to remain and thrive in Santa Ana while minimizing negative impacts of development, including increases in the cost of living and other indirect catalysts of displacement. 5. Engage the street vendor community to ensure that the City's plans and policies do not impede and are inclusive of their contribution to servicing low- income residents and their families as well as downtown employees and visitors, while maintaining consideration of brick- and -mortar businesses. B. Increase activity in the downtown through culturally relevant programming, increased public use of public spaces, and infrastructure improvements to allow for such uses: 6. Support the resolution Establishing "La Calle Cuatro" as the official and historical name of Fourth Street in Santa Ana, and the designation of Plaza Santa Ana as Plaza Calle Cuatro, affirming the name and branding of La Calle Cuatro and Calle Cuatro Marketplace. 7. Support community- organized events and programming in the downtown that promote health, wellness, and culture in the public's interest through establishing criteria and a procedure for funding scholarships to cover fees associated with permits and public safety for "temporary outdoor activities" and "special events" including in public and private parking lots. Establish an application process that specifies criteria for eligibility to apply for City sponsorship of the events, using a variety of funding sources allocated through the City's strategic plan and /or discretionary funds. 8. Implement infrastructure improvements that promote safety, walkability, cycling, family shopping trips, and access to food vendors including but not limited to improvements along Fourth Street from Ross to Grand, a street promenade on Sycamore between Fourth and Last Modified: 3/4/2015 WS -B -103 Page 3 of 5 Fifth Street, and permanent route place - markers and wayfinding measures as recommended in the Downtown Santa Ana Wellness Corridor Strategic Plan and Downtown Transit Zone Complete Streets Plan. a. Organize a robust process for developing the City's capital improvements plan by collaborating with the community to adequately define the criteria used to prioritize projects aligned with community needs. 9. Ensure that the arts master plan for the Wellness District gets shaped in a participatory process among the City, the downtown development liaison, the Arts Commission, and the community's local artists, while also involving the various community- serving organizations of the downtown, local businesses, and public schools in the vicinity. This arts master plan ought to be aligned with the infrastructure and beautification needs of the neighborhood - serving downtown businesses. a. The City should develop urban, architectural design forums for certain areas within the community that require buildings and streetscapes to meet culturally relevant aesthetic standards also reflecting the city's heritage and cultural identity. C. Establish anchor community- serving sites in and surrounding the downtown: 10. Pilot a system of community operated microfarms under a.cooperative economic development model by providing a long term lease to Santa Ana Building Healthy Communities three sites of at least %acre size from the following lots: 114 S. Bristol St., 124 S. Bristol St., 410 S. Bristol St., 414 S. Bristol St., 119 S. Bristol St., 123 S. Bristol St., 402 S. Bristol St., 302 S. Bristol St., 306 S. Bristol St., 310 S. Bristol St., 314 S. Bristol St., 318 S. Bristol St, 430 S. Bristol St., 434 S. Bristol St., 438 S. Bristol St., 442 S. Bristol St., 446 S. Bristol St., 502 S. Bristol St., 508 S. Bristol St., 510 S. Bristol St., 514 S. Bristol St., 518 S. Bristol St., 522 S. Bristol St., 830 N. Parton St., 900 N. Sycamore St., 1058 E. 1st. St., 621 N. Spurgeon St., 713 N. Spurgeon St., 414 N. Santa Ana St., 823 E. 1st. St. 11. Identify property in the downtown, including right of way, parking facilities and the Grand Central Arts building, to be utilized as a Latino mercadito with opportunities for vending for Santa Ana artisans, craft makers, and other neighborhood serving small businesses. 12. Create an office of immigrant affairs in alignment with "Cities for Citizenship' as a service that supports Santa Ana residents. D. Include all stakeholders and be accountable in implementation of this resolution: 13. As per resolution Establishing the Community Advisory Committee for Economic Development Planning, legislatively create an Economic Development Advisory Committee that includes representatives from stakeholder groups including business councils, local businesses, Latino and Vietnamese -owned businesses, labor, workforce development and education, nonprofits, and residents of Santa Ana. This committee will be tasked with providing recommendations on economic development planning to the Economic Last Modified: 3/4/2015 WS -B -104 Page 4 of 5 Development Plan consultant and to the council for approval, and it will be subject to the Brown Act, thereby requiring the notification and allowing the participation of the public. 14. Revisit scope of work of the consultants for the Economic Development Strategic Plan and incorporate recommendations from the newly created advisory committee that could support an accessible and inclusive outreach for the strategic plan. 15. Formalize the Healthy Cities Committee as an advisory group with defined representative membership and clear objectives to oversee planning, implementation, and evaluation of this resolution, and other city matters where they intersect with health. Similar to the State's Health in All Policies task force, this committee will support in performing Health Impact Assessments and developing indicators to consider for healthy communities and inclusive collaborative processes. 16. Within three to six months of the adoption of this resolution, the Community Development, Planning and Building, and any other implementing department of the City shall report back to the City Council and to the Finance and Economic Development Committee regarding steps taken to implement the resolution, additional steps planned, and any desired direction by the City Council Section 2. This Resolution shall take effect immediately upon Its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting the Resolution. ADOPTED this Last Modified: 3/4/2015 WS -B -105 Page 5 of 5 WS -B -106